Legal Material

Habib v Australia, Decision on Justiciability, [2010] FCAFC 12, [2010] 183 FCR 62, (2010) 265 ALR 50, (2010) 113 ALD 469, ILDC 1518 (AU 2010), 25th February 2010, Full Court [FCAFC]



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Whether the act of state doctrine barred a claim against Australia when that claim depended on a finding that Australia had been complicit in criminal activity engaged in by another state.

Whether, if the doctrine would otherwise operate, it should be set aside where gross human rights violations, including torture, were alleged to have occurred.

Keywords: Act of state doctrine; Comity; Customary international law; Human rights, civil and political rights; Human rights, derogations; Human rights, freedom from torture and cruel, inhuman, or degrading treatment; Human rights, gross violations; Immunity from jurisdiction, states; Non-justiciability; Peremptory norms / ius cogens; Separation of powers; Torture

Legal Material.  25045 words. 

Subjects: Public International Law ; International Law ; Law

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