Siyi Lin (The Chinese University of Hong Kong (CUHK) – Faculty of Law) has posted Domestic and Foreign Illegality: Towards a Unified Flexible Approach? on SSRN. Here is the abstract:
This article examines the recent movement towards a ‘unified’ approach to the law of illegality. Traditionally, the two main rules of foreign illegality established in Ralli Bros and Foster have been applied in a categorical sense. Recent authorities, however, have increasingly drawn on Patel to introduce greater flexibility into the realm of foreign illegality. This article raises the concern that existing authorities have not articulated a principled framework as to how a flexible approach should operate in foreign illegality cases and seeks to make clarifications in light of the doctrine’s underlying rationale—comity.
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