Hostname: page-component-586b7cd67f-dlnhk Total loading time: 0 Render date: 2024-11-29T09:49:56.854Z Has data issue: false hasContentIssue false

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

Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)