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R. v. Director of Public Prosecutions and Another, ex parte Schwartz
Published online by Cambridge University Press: 01 January 2021
Abstract
States as international persons — State succession — International conventions — United Kingdom-United States Extradition Treaty, 1931 made applicable to Colony of Jamaica — Whether continued as part of laws of Jamaica after independence — ‘Clean slate’ theory — Application of — Whether a customary rule of international law — Conduct of parties concerned — Jamaican Constitution 1962 — The law of Jamaica
The individual in international law — Extradition — Extraditable crimes — Enumerative method of characterization — Conspiracy to commit crime — Whether separate from attempt — Extradition Act 1870 — The law of Jamaica
Treaties — Termination of — By operation of law — In general — United Kingdom-United States Extradition Treaty, 1931 made applicable to Jamaican colony — Whether continued as part of laws of Jamaica after independence — ‘Clean slate’ theory — Application of — Whether predecessor States’ treaties can ever be revived Express agreement or conduct — The law ofJamaica
States as international persons — State succession — In matters of extradition — United Kingdom-United States Extradition Treaty, 1931 made applicable to Colony of Jamaica — Whether continued as part of laws of Jamaica after independence — ‘Clean slate’ theory — Application of — Whether a customary rule of international law — Incorporation into municipal law — Whether contrary to statutes — Jamaican Constitution 1962 — Conduct of parties concerned — Extraditable crimes — Enumerative method of characterization — Conspiracy to commit crime — Whether separate from attempt — Extradition Act 1870 — The law of Jamaica
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- © Cambridge University Press 1987