Decision of the Court of Cassation, VI Section, No. 14237 of 3 February 2017

With this decision, the Court of Cassation ruled that the unilateral declaration made by the Republic of Mauritius concerning the continuance, in its relationship with Italy, of the 1873 Convention between Italy and Great Britain on mutual extradition of malefactors is without legal effects, because of the lack of any express or tacit consent by Italy. The contrary rule of so-called tabula rasa is, in fact, the principle governing the succession of states in respect of treaties according to the Vienna Convention of 1987, the prevailing international practice and the practice of Italy concerning its relations with former British colonies. Further, the Court has given its authoritative interpretation of the reciprocity principle in extradition matters and of the Italian national norms concerning the intervention of the requesting State in the extradition proceedings.