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Mechanisms for International Extradition

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Chapter Summary

It is explicit in a bilateral treaty where each party has agreed to surrender up fugitives to the other on the understanding that its requests will also be honoured. Common law States, for instance, will extradite their nationals to civil law jurisdictions, even though the latter will not reciprocate in that specific detail, because overall the agreement will be reciprocal. The majority of international extradition agreements are bilateral treaties. The different approaches by States to international treaties in domestic law also affect extradition laws. In England and Australia, for instance the treaty on its own cannot empower a court to grant surrender. Although both countries are members of the Commonwealth and could, therefore, rely on the Scheme, Australia and New Zealand conduct their extradition relations on the basis of reciprocal legislation.

Keywords: Australia; bilateral treaties; Common law States; Commonwealth; international extradition; New Zealand



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