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Harksen v. President of the Republic of South Africa and Others

South Africa.  29 September 1999 ; 30 March 2000 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Extradition — Extradition in absence of extradition treaty — Section 3(2) of the Extradition Act 1962 — Exchange of diplomatic notes relating to proposed extradition — Consent by President to ad hoc extradition — Whether exchange of diplomatic notes or President’s consent or both amounting to international agreement — Meaning of “international agreement” — Meaning of “treaty” as defined in Vienna Convention on the Law of Treaties, 1969 — Whether informal international agreement had come into being

Treaties — Vienna Convention on the Law of Treaties, 1969 — Meaning of “treaty” as defined in Convention — Requirements for conclusion of international agreement — Informal agreements — Whether exchange of diplomatic notes giving rise to informal agreement — Whether domestic procedures relating to extradition amounting to international agreement — The law of South Africa

Type
Case Report
Copyright
© Cambridge University Press 2008

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