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Mauritius

Extradition Law & Case Law

Connected jurisdictions
Case Law
Unilateral succession declaration, continuity of bilateral treaties and timing of requesting State’s intervention in extradition proceedings (Mauritius)
Summary
The issuance of a unilateral declaration of succession allows the newly independent State to avail itself of a “period of reflection”, during which it reserves the right to clarify its position with regard to the treaties concluded by the predecessor State. The actual continuation in force of bilateral treaties requires a clear and unequivocal expression of intent, however conveyed, demonstrating the intention—on the part of the State originally party to the treaty and recipient of that declaration—to remain bound by the provisions of the treaty concluded with the predecessor State. The intervention of the requesting State is permitted, unless otherwise provided by international conventions, until the procedural steps relating to the verification of the proper constitution of the parties in the chamber proceedings before the Court of Appeal competent to decide on the request for surrender have been completed.
03/02/2017 · Italian Supreme Court · 14237/2017
🇮🇹Italy → 🇲🇺Mauritius
DeniedExtradition
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