Saturday, September 7, 2019
Public international law, problem question Essay
Public international law, problem question - Essay Example The scope of the Convention is restricted. It applies only on those countries that are signatories under the Vienna convention. However, treaties under Vienna convention has nothing to do with the agreements executed between the states and the international organizations and vice versa. Further, under the said convention, unwritten agreements are not enforceable 3. In total, there are one hundred and eleven states which had signed and ratified the convention whereas 15 states though signed the convention but did not ratify it. Among those countries are Afghanistan, Bolivia, Cambodia, Ghana, El Salvador, Iran, Ivory Coast, Kenya, Madagascar, Nepal, Pakistan, Trinidad, Tobago, United States, and Zambia 4. According to Law on Treaty in Vienna Convention, no responding State can extradite a person to the requesting state for trial and punishable under the law for a period of one year or above besides more severe penalty if they are not executants of the treaties under the Vienna Convention. Moreover, no extradite agreements are in place between the requesting and the responding country5. Under the extradition treaty of 1994 which, allows responding country to refuse extradition of a person if that offense culminates to death in the requesting country provided the requesting state assures to the responding country that the man or woman required for trial will not be executed. Further, the treaty has a standard procedure to deal with such issues e.g. the language of documents, procedure under which the documents are to be submitted to the requested country, how an individual can be handed over to the requested country and other relevant issues6. According to the definition of Article 2 of mentioned treaty ââ¬Å"an offense is extraditable if it is punishable under the laws of both countries by a prison term of at least one year. Attempts and conspiracies to commit such offenses, and participation in the commission of such offenses, are also
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