Abstract
In a majority of six to one, the High Court in Moti v The Queen concluded that the act of state doctrine does not preclude findings as to the legality of the conduct of a foreign government, where such a finding is determinative of an abuse of process. The decision is a welcome addition to existing international jurisprudence on due process rights in prosecutions of extraterritorial conduct. In turn, it is a reminder that operating extraterritorially does not mean operating without accountability.
| Original language | English |
|---|---|
| Pages (from-to) | 120-127 |
| Number of pages | 8 |
| Journal | Queensland University of Technology Law & Justice Journal |
| Volume | 12 |
| Issue number | 2 |
| DOIs | |
| Publication status | Published - 2012 |