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CvH and Another v. Netherlands

The Netherlands.  01 May 1984 ; 23 December 1985 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Extradition — Specialty — Extradition request concerning offences relating to kidnapping — Not all offences forming basis of extradition request enumerated in Extradition Treaty — Treaty permitting Contracting Parties to supplement offences enumerated in Treaty — Whether extradition request violating principle of specialty — France–Netherlands Extradition Treaty, 1895

Extradition — Disguised extradition — Attempt to achieve object of unsuccessful extradition request by means of deportation order — Legality — Requesting State failing to secure extradition of person claimed for all offences specified in extradition request — Subsequent withdrawal of extradition request by requesting State — Whether withdrawal constituting an invitation to requested State to deport person claimed to requesting State

Extradition — Procedure — Withdrawal of extradition request — Whether requesting State having right to withdraw extradition request prior to receiving person claimed

Relationship of international law and municipal law — Conduct of foreign relations — Relations with foreign government — Diplomatic note sent to foreign government regarding the lodging of extradition request — Whether subject matter of diplomatic note raising justiciable question — The law of the Netherlands

Type
Case Report
Copyright
© Cambridge University Press 1995

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