n South African Journal of Criminal Justice - The incorporation of extradition agreements
|Article Title||The incorporation of extradition agreements|
|© Publisher:||Juta Law Publishing|
|Journal||South African Journal of Criminal Justice|
|Publication Date||Jan 2003|
|Pages||311 - 322|
Until South Africa's emergence from international isolation in 1994 very few states were willing to become parties to international agreements with it. Under the constitutional dispensation and an increase in transnational criminal activity more states are willing to make arrangements with South Africa concerning international co- operation in criminal matters, including extradition. Once South Africa becomes a party to such an agreement its terms do not have domestic effect until incorporated into South African law. The legislative provisions dealing with the incorporation of extradition agreements appear not to satisfy the constitutional requirements concerning incorporation. Therefore, not only will international fugitives benefit but South Africa may also be embarrassed by its failure to satisfy its international obligations. This must be remedied by legislative enactment as soon as possible.
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