Abuse of Process in Cross-Border Cases: Moti v The Queen

  • Danielle Ireland-Piper Bond University

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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Published
Feb 19, 2013
How to Cite
IRELAND-PIPER, Danielle. Abuse of Process in Cross-Border Cases: Moti v The Queen. QUT Law Review, [S.l.], v. 12, n. 2, feb. 2013. ISSN 2201-7275. Available at: <https://lr.law.qut.edu.au/article/view/498>. Date accessed: 20 apr. 2019. doi: https://doi.org/10.5204/qutlr.v12i2.498.

Keywords

Extraterritorial; Act of State Doctrine; Abuse of Process
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