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Attorney-general of New Zealand v. Ortiz and Others
Published online by Cambridge University Press: 01 January 2021
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
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- © Cambridge University Press 1988
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