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Heeralall v. Commissioner of Prisons

Mauritius.  30 March 1992 ; 30 July 1993 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Extradition — Treaties — Whether binding — Requirement of existence of a binding extradition treaty — State succession to treaties upon independence — Request for extradition of accused from Mauritius to France — Whether United Kingdom — France Extradition Treaty continuing to be binding in respect of Mauritius — Constitutional guarantees of due process — Whether absence of similar guarantees in requesting State precludes extradition of accused

State succession — Treaties — Extradition treaty — Colony achieving independence — Whether extradition treaty concluded by former colonial power still applicable — Attitude of other party to treaty

Relationship of international law and municipal law — Treaties — Whether treaty in force for newly independent State — Admissibility of expert evidence

Treaties — Conclusion and operation — State succession — Whether treaty in force after independence — Nature of treaties — The law of Mauritius

Type
Case Report
Copyright
© Cambridge University Press 1997

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