The Elements of International Law With An Account of Its Origin Sources And H
The Elements of International Law With An Account of Its Origin Sources And H
George B George Breckenridge Davis
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Surrender by Comity and Treaty. The practice of re- fusing asylum to foreign criminals, and of surrendering them through comity, prevails to a considerable extent on the con- tinent of EuVope. In England and the United States the al- most invariable practice has been to surrender criminals only in accordance with treaty stipulations. While no positive rule stipulations is the one now general- ly accepted. — I Halleck, chap. Vii. § 28 ; I Twiss, § 237. There is noth- ing in the law of nations, a...s ex- plained by the usage and practice of the most respectable among them, which imposes on us any obligation to deliver up fugitives from foreign justice. — I Opinions of Attorney-General, p. 521. The in- ternational extradition of fugitives from justice is a duty of comity, not of strict right. — Wing's case, VI Opinions of Attorney- General, p. 85, Gushing (1853). It is the settled policy of the United States not to make such extradition, except in virtue of express stipulations to that effect.
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