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Attorney-general of New Zealand v. Ortiz and Others

England.  01 July 1981 ; 21 May 1982 ; 21 April 1983 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Relationship of international law and municipal law — Recognition and enforcement of foreign law — Principle that English courts will refuse to enforce foreign penal or revenue laws — Definition of a penal or revenue law — Whether it is the characterization of the law or the individual action which is decisive — Whether English courts will refuse to enforce foreign public law which is not a penal or revenue law — Legislation prohibiting export of antiquities and providing for forfeiture of items illegally exported — Whether a penal law — Whether an unenforceable public law — New Zealand Historic Articles Act 1962

Jurisdiction — Territorial — Presumption against extraterritorial legislation — Legislation providing for forfeiture of historic articles illegally exported — Whether forfeiture automatic — Whether automatic forfeiture would involve extraterritorial application of legislation

Comity — Respect for national heritage of foreign State — Enforcement of foreign law designed to protect national heritage — The law of England

Type
Case Report
Copyright
© Cambridge University Press 1988

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