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Li and Others v. Zhou and Attorney General of the Commonwealth

Australia.  25 January 2013 ; 05 June 2014 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State immunity — Jurisdictional immunity — Acta jure imperii — Exceptions to immunity of State — Alleged acts of torture committed by officials of the People’s Republic of China against Falun Gong practitioners — Whether accession to United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, constituting submission to jurisdiction under Foreign States Immunities Act 1985 (Cth)

Treaties — Interpretation — Effect of entry into force — Submission to jurisdiction of domestic courts of other State Party — Principles of treaty interpretation — Construction of Article 14 of United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 — The law of Australia

Type
Case Report
Copyright
© Cambridge University Press 2017

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