Hostname: page-component-77c89778f8-gvh9x Total loading time: 0 Render date: 2024-07-16T23:03:32.155Z Has data issue: false hasContentIssue false

R v. Bolton and Another, ex parte Beane

Australia.  09 April 1987 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Extradition — Armed forces — Deserter — Whether surrender to requesting State required when desertion occurred in third State and not as member of visiting armed forces in requested State — Desertion of United States national in Vietnam — Long-term resident in Australia — Interpretation of relevant domestic legislation — Whether to be narrowly construed

Jurisdiction — Immunity — Armed forces — Deserter — Whether military authorities immune from jurisdiction of municipal courts of foreign State when seeking return of deserter from that State — Whether requirement that desertion occurred in the foreign State and not a third State for immunity from jurisdiction — Interpretation of Australian legislation — Whether principles of international law applicable — United States military authorities — Desertion of United States national in Vietnam — Resident in Australia since desertion

Relationship of international law and municipal law — Armed forces — Jurisdiction of municipal courts over visiting foreign armed forces — Whether international law permits entry of foreign military authorities for apprehension of deserter from foreign armed forces — Whether consent to entry of foreign armed forces to territory constitutes waiver of jurisdiction of municipal courts over those armed forces — Whether requirement that desertion occurred when deserter a member of a visiting armed force and not in a third State — Whether municipal statute to be construed in light of international law — Whether international law sufficiently defined to act as aid to interpretation — The law of Australia

Type
Case Report
Copyright
© Cambridge University Press 1991

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.)