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Articles for the keyword(s) "Foreign penal laws"

"Conflict of Laws"

RJ Paterson, 1989

This is a brief comment on the Court of Appeal’s interpretation and application of the rule that courts will not enforce a foreign penal, revenue or other public law in Attorney-General for the United Kingdom v Wellington Newspapers Ltd [1988] 1 NZLR 129 (known as the Spycatcher case). Despite the decision of the Court that publication was justified in the public interest, the author is critical of the significance attributed to the support that the New Zealand Government lent to the claim by the British Government.

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"Enforceability of Foreign Laws"

Sean McAnally, 2002

This is a brief discussion of USA v “A Ltd” (High Court, Cook Islands, PL57/00, 4 December 2001, Greig CJ) in which the rule that a court will not enforce a foreign penal, revenue or other public law, was confirmed. The author draws specific attention to the decision that a law, which provides only in part for a penalty, will nevertheless be classified as a penal.