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🇮🇹 Italy → 🇳🇿 New Zealand

1 case found
Bilateral Information
Applicable Treaties
Italo-British extradition convention (1873).
Extradition and State succession: no binding effect without mutual consent to remain bound by prior treaties
Summary
In matters of extradition to a foreign State, where a foreign State succeeds another State with which Italy had already concluded an extradition agreement or convention, no obligation of reciprocal judicial cooperation exists in the absence of an expression of mutual consent by Italy and the newly established State demonstrating their shared intention to remain bound by the previously signed convention. (In the case at hand, the Court held that a unilateral communication was insufficient—namely, New Zealand’s notification to Italy of its intention to rely on the 1873 agreement on “reciprocal extradition” concluded with Great Britain, pursuant to Article 44 of the Treaty of Peace with the Allied Powers—since no corresponding intention had been expressed by Italy).
08/07/2020 · Italian Supreme Court · 24994/2020
🇮🇹Italy → 🇳🇿New Zealand
Decision on precautionary measureExtradition