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Article
Abuse of process in cross-border cases: Moti v The Queen
QUT Law & Justice Journal (QUTLJJ)
  • Danielle Ireland-Piper, Bond University
Date of this Version
1-1-2012
Document Type
Journal Article
Publication Details

Published Version.

Ireland-Piper, D. (2012). Abuse of process in cross-border cases: Moti v The Queen. Queensland University of Technology (QUT) Law and Justice Journal, 12(2), 120-127.

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Disciplines
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.
Citation Information
Danielle Ireland-Piper. "Abuse of process in cross-border cases: Moti v The Queen" QUT Law & Justice Journal (QUTLJJ) Vol. 12 Iss. 2 (2012) p. 120 - 127 ISSN: 1445-6230
Available at: http://works.bepress.com/danielle_irelandpiper/11/