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Croissant

France.  07 July 1978 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International law in genera — Relation to municipal law — Treaties — Treaty provision in conflict with prior municipal law — Primacy of treaty provision — French Constitution, Article 55 — The law of France

The individual in international law — Aliens — Expulsion of — Right of expulsion — Prohibition on the expulsion of refugees — Geneva Convention Relating to the Status of Refugees, 1951, Article 33 — Conditions for being granted status of refugee under Article 1A(2) of the Convention — Fear of persecution — The law of France

Treaties — Conclusion and operation — Constitutional limitations — Whether provision of municipal law overrides subsequent treaty provision — French Constitution, Article 55 — Superiority of treaties over laws — France-Federal Republic of Germany Extradition Treaty, 1951 — The law of the France

The individual in international law — Extradition — Political crimes — Definition — Request for extradition of lawyer accused of assisting persons under arrest in requesting State — Whether rendering such assistance a political offence where persons under arrest are terrorists attempting to overthrow political order in requesting State — France-Federal Republic of Germany Extradition Treaty, 1951 — Primacy of treaty provision over prior municipal law — French Constitution, Article 55 — Whether refugee status claimable as bar to extradition — Fear of persecution — Geneva Convention Relating to the Status of Refugees, 1951, Articles 1 A (2) and 33 — The law of France

Type
Case Report
Copyright
© Cambridge University Press 1987

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