What is the rule of procedure in cases where bilateral or multilateral agreements are absent between the requesting and requested states?


In practice, when there is an absence of agreements regulating the procedures of MLA between two states, the problem arises from two main points.

One, since there is no agreement, the responsibilities and rights of states against each other is not set a priori. Therefore, some states, choose to lay down their demands and guarantees within the scope of the request with the request itself. Others opt-out from this and choose to be asked by the requested state to provide guarantees.

These demands and guarantees can relate to the expenses of the proceedings relating to the MLA and commitments to engage similarly if the other state asks for assistance in such a case.

Second is the problem of how to deliver the assistance. This is easier to resolve once the first one is established. In most instances, MLA requests are tended by the requested states according to their national regulations, even when there are international agreements in effect. However, should the requesting state ask for a specific way of rendering assistance, it must be explicitly demanded. Requested state may or may not agree to entertain these demands if it so deems appropriate to its national laws.

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