Replacement Treaties and Their Effect on Proceedings Pending Under Prior Treaties
In most situations, the replacement treaty automatically governs proceedings pending under a prior treaty. However, most United States extradition treaties negotiated after the 1970’s include provisions dealing with the application of replacement treaties to individuals facing extradition procedures pending under prior treaties. Generally, these provisions require that proceedings pending at the time the replacement treaty enters into force continue to be regulated by the prior treaty with exception to specific provisions of the replacement treaty, which may deal with temporary extradition, waiver of extradition and definitions of extraditable offenses.
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