Hostname: page-component-586b7cd67f-t7czq Total loading time: 0 Render date: 2024-11-22T20:14:48.898Z Has data issue: false hasContentIssue false

R. v. Commissioner of Correctional Services, ex parte Fitz Henry

Jamaica.  01 October 1976 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International law in general — Relation to municipal law — Application of international law by municipal courts — Whether only required where international law accepted as part of municipal law — International law principles of State succession with regard to treaties — The law of jamaica

States as international persons — State succession — International conventions — Extradition treaty between United Kingdom and United States made applicable to colony of Jamaica — Whether in force for Jamaica after independence — ‘Clean slate’ theory Meaning — Whether applicable — Conduct of parties concerned Whether relying on continued existence of treaty — The law of Jamaica

States as international persons — State succession — Continuity of the law — Extradition Treaty between United Kingdom and United States — Applicable to colony of Jamaica through Order in Council — Whether in force for Jamaica after independence — Constitution of Jamaica 1962 — The law of Jamaica

Treaties — Termination of — By operation of law — In general — State succession — Whether treaties concluded by predecessor State continue in force for newly independent State — ‘Clean slate’ theory — Meaning of — The law of jamaica

States as international persons — State succession — In matters of extradition — Extradition treaty between United Kingdom and United States — Applicable to colony of Jamaica under Order in Council — Whether in force for Jamaica after independence — ‘Clean slate’ theory — Meaning — Whether applicable — Conduct of parties concerned — Whether relying on continued existence of treaty — Constitution of Jamaica 1962 — Continuity of the law — The law of Jamaica

Type
Case Report
Copyright
© Cambridge University Press 1987

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)