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

Jamaica.  01 October 1976 .

Published online by Cambridge University Press:  01 January 2021

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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

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