Public International Law (Extradition)
Public international law derives its rights from international agreements and may take any form that the contracting parties agree upon. Agreements may be made in respect to any matter except to the extent that the agreement conflicts with the rules of international law incorporating basic standards of international conduct or the obligations of a member state under the ‘Charter of the United Nations(" We the Peoples of the United Nations… United for a Better World", UN Charter 1945)
In this context, a brief discussion on the Vienna Convention on the law of treaties, 1969 seems to be relevant. The VCLT (Vienna Convention on law of Treaties )was drafted by the International Law Commission (ILC) of the United Nations, which began work on the Convention in 1949 and finished in 1969 with a diplomatic conference held by the UN in Vienna, Austria. The Convention was adopted on May 22, 1969.The Convention entered into force on January 27, 1980. 108 states have ratified the VCLT (May, 2007).
The 1969 Vienna Convention defines a treaty as "an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation".
To recognize the ever-increasing importance of treaties as a source of international law and as a means of developing peaceful cooperation among nations, whatever their constitutional and social systems,
To Note the principles of free consent and of good faith and the pacta sunt servanda rule are universally recognized,
To affirm that disputes concerning treaties, like other international disputes, should be settled by peaceful means and in conformity with the principles of justice and international law,
To recall the determination of the peoples of the United Nations to establish conditions under which justice and respect for the obligations arising from treaties can be maintained,
To have in mind the principles of international law embodied in the Charter of the United Nations, such as the principles of the equal rights and self-determination of peoples, of the sovereign equality and
To recognize and respect independence of all States, of non-interference in the domestic affairs of States, of the prohibition of the threat or use of force and of universal respect for, and observance of, human rights and fundamental freedoms for all,
Believing that the codification and progressive development of the law of treaties achieved in the present Convention will promote the purposes of the United Nations set forth in the Charter, namely, the maintenance of international peace and security, the development of friendly relations and the achievement of cooperation among nations,
To affirm the rules of customary international law will continue to govern questions not regulated by the provisions of the present Convention,
Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. Between nation states, extradition is regulated by treaties. Between sub-national