Abuse of process in cross-border cases: Moti v The Queen

Research output: Contribution to journalArticleResearchpeer-review

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 languageEnglish
Pages (from-to)120-127
Number of pages8
JournalQueensland University of Technology Law & Justice Journal
Volume12
Issue number2
DOIs
Publication statusPublished - 2012

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abuse
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Cite this

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title = "Abuse of process in cross-border cases: Moti v The Queen",
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.",
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}

Abuse of process in cross-border cases: Moti v The Queen. / Ireland-Piper, Danielle.

In: Queensland University of Technology Law & Justice Journal, Vol. 12, No. 2, 2012, p. 120-127.

Research output: Contribution to journalArticleResearchpeer-review

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