Conflict of International Treaty Obligations Case. (2018)

• Record Type: Journal Article
• Editors: Greenwood, Christopher; Lee, Karen
• Is Part Of: International law reports. Volume 174(2018)
• Page Start: 488
• Page End: 502
• Publication Date: 2018
• Subjects: Extradition -- Human rights -- Treaties -- Relationship of international law and municipal law; Czech Republic; International law -- Cases -- Periodicals; Treaties -- Periodicals; 341.0268
• DOI: 10.1017/CBO9781108291545.007
• Languages: English
• ISSNs: 0309-0671

Abstract

Abstract : Extradition — Treaties — Limits on extradition — Extradition Treaty between Czech Republic and Republic of Moldova — European Convention on Extradition, 1957 — Czech Republic seeking to extradite Moldovan complainant to Moldova — Whether substantial grounds for believing complainant at risk of torture if extradited — Whether extradition would violate Article 3 of European Convention on Human Rights, 1950 Human rights — Prohibition of torture — Whether complainant at risk of torture if extradited to Moldova — Human rights treaties — European Convention on Human Rights, 1950, Article 3 — Case law of European Court of Human Rights — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 — Whether obligations under human rights treaties having priority over obligations under extradition treaties Treaties — Human rights treaties — Extradition treaties — Obligations under treaties — European Convention on Human Rights, 1950, Article 3 — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 — International Covenant on Civil and Political Rights, 1966 — Charter of Fundamental Rights and Freedoms of the Czech Republic, 1992, Article 7(2) — European Convention on Extradition, 1957 — Extradition Treaty between Czech Republic and Moldova — Whether obligations under human rights treaties or obligations under extradition treaties having priority in event of conflict Relationship of international law and municipal law — Treaties — Human rights treaties — European Convention on Human Rights, 1950, Article 3 — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 — International Covenant on Civil and Political Rights, 1966 — Charter of Fundamental Rights and Freedoms of the Czech Republic, 1992, Article 7(2) — Extradition treaties — European Convention on Extradition, 1957 — Extradition Treaty between Czech Republic and Moldova — Obligations under human rights treaties — Obligations under extradition treaties — Priority of obligations in event of conflict — Article 1(1) of Constitution of Czech Republic — Governance of State by rule of law — Amendment to Constitution — Whether altering status of human rights agreements as special group of norms — The law of the Czech Republic