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Government of the United States of America v. Montgomery (No 2) also known as Government of the United States of America v. Barnette and Another

United Kingdom, England 2004.  22 July 2004 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Access to justice — External confiscation order — Confiscation order of US court issued against appellant resident in England — Right of appeal against order — Fugitive disentitlement doctrine — Denial by US Court of Appeals of right of appeal to terms of order under fugitive disentitlement doctrine — Enforcement of external confiscation order in England — Criminal Justice Act 1988, Section 97 — Whether enforcement of order contrary to interests of justice — Whether operation of fugitive disentitlement doctrine by Convention State would constitute a violation of Article 6 of the Convention — Territorial limitations — Whether Article 6 of Convention capable of being directly or indirectly engaged in respect of a non-contracting State — Exceptional nature of circumstances required for indirect engagement of Article 6 rights — Whether giving effect to provisions of external confiscation order by enforcement in English court a breach of Article 6 of the Convention — The law of England

Keywords

Type
Case Report
Copyright
© Cambridge University Press 2012

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