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

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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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