TNAG-2954-FCO40-4231-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1993 — Page 71

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

33-APR-1993

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BRITISH EMBASSY PARIS

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13

and the recourse of a fordi

GREY KA MAYAMli mgaum M

auðunni ka nukemdita AVIMURRA

SYNLA MWENI

ana dapaÏu Äišamanı

MAKAMPU MEDI

matters.

Cumimy in welzi is siatou in the rowmio, dus de bvdh roig socious practical mini moviesNE

reasons to say that the recourse made by a foreign government against a refusal to extradite

cannot be entertained.

which

If the decraa gresting the surradition can ba tuhlast to a recourse for breach of the law by tha

individual in question, this is on the one hand in the interest of individual liberty, and because

the uranita of 1017.

* å matter of Franch Internal law and is applicahla in tha pennadura

of extradition, grants procidural guarantees to the individual (on the idea that the procedural

guarantees are given in favour of the individual in extradition matters, see N'Guyen Quoc and

others, International Public Law, 3rd edition no. 333) and therefore, the decree, Inasmuch at it

grants the extradition, is, as stated by the Conseil di Etarin its decision of Zöd July 1965 (Dame ̈ ́

Solis Estarita quoted above), detachable from the international relations of France.

There are many other reasons.

In reality, international treaties are not normally a part of the internal legal system of the States,

except in so far as the treaties themselves decide otherwise; they are binding as a matter of

principle only on the governments (née Rousseau, International Public Law, Volume 1

Introduction and Courses a 164: Casrama, Procent International Publie Lam

KAVUUSIN ASTYNKOMSTUTINE A MAČKAN ABTEI

Of course, international treaties, once introduced in French internal law, are mandatory and by

virtue of Article 55 of the French constitution, they even have an authority higher than the

statutes; but it is obvious that they are only enforceable, internally, inasmuch as they have been

introxiuced in the internal system.

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