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Search: extraterritorial sanctions

28 Feb

...that recognize human rights duties of private corporations. See foreign cases in http://ssrn.com/abstract=1548112 And the jurisdictional basis is universal jurisdiction. see. e.g., http://ssrn.com/abstract=1497122 re: older cases under ATCA (ATS) and universal jurisdiction (in a footnote). Of course, even under the Restatement, when there is universal jurisdiction there is no need for contacts with the forum. Id. sec. 404. And the putative use of comity-factors to obviate territorial jurisdiction (in violation of the separation of powers because Congress and the President will have chosen to create an extraterritorial statute and the...
28.02.12 | |

29 Apr

...to be something different. Although perhaps not what Koh's critics have it mind, I would view transnational law as where the lines between the domestic and the international blur. Transnational law seems focused on the actions of domestic, nonstate actors and their attempts to address global challenges. When I think of transnational law, I do not think of international treaties or even customary international law, but rather the acts of domestic actors and domestic courts, exercising universal jurisdiction or applying extraterritorial domestic laws, in an attempt to exert international influence....
29.04.09 | |

04 Jun

...the mandate of the Human Rights Council, which raises a whole other set of legitimacy issues) does not have the mandate to report on issues related to the conduct of hostilities that rise to the level of armed conflict under the laws of war. The implied, underlying US position actually consists of at least two things: one, that the human rights law to which the special rapporteur’s mandate extends, the ICCPR, does not extend extraterritorially at least as far as the US is concerned and, two, that these human rights...
04.06.09 | |

11 Apr

...which they have no expertise. Jordan "With friends like these...." Fortunately, the early cases and ops. of AG's demonstrate the extraterritorial reach of the ATCA (ATS) in suits involving alien plaintiffs against alien or U.S. national defendants with respect to violations of international law over which there is universal jurisdiction, esp. so that the U.S. does not engage in a "denial of justice" to aliens. Also, today, more jobs for our graduates as plaintiff and defense lawyers, judges, etc. -- good for the U.S. economy! If other countries want to...
11.04.13 | |

05 Jan

...it seems to me, is prevent the plaintiffs from trying to enforce the judgment in the U.S. -- and to hold them in contempt if they do. Am I missing something? Ted Folkman Kevin, If I hear you right, the issue is the extraterritorial nature of the order. It seems to me that it's well established that because "equity operates in personam", as the hoary maxim goes, a court with personal jurisdiction over the defendant can make orders that require the defendant to act in other jurisdictions. Just to take...
05.01.12 | |

12 Apr

...cloud' of the fighters. How do we know which cloud reigns supreme? I doubt the notion of IHL being the lex specialis would apply here. A clash of clouds and proportionality doctrines indeed. RJ1983 There equally seems to be a problem in the assumption that IHRL is applicable to the operations of a State on foreign territory. The substantive HR obligations are limited to territory and jurisdiction, and the HR bodies and courts have been very reluctant to accept extraterritorial application of human rights. Sure, HR has an impact on...
12.04.13 | |

20 Feb

...Court in Quirin and Yamashita, among other cases. It also has not been superseded by domestic legislation or conventional IHL, though I wish to do more research and theoretical work on this. By the way Dave...in the follow-on article to this one I have just mentioned (which discusses the propriety of applying this domestic common law to conduct in an extraterritorial armed conflict under both domestic and itnernational law), I cite your military commissions article a fair amount. If you are interested in reviewing the next article before I submit...
20.02.09 | |

04 Jun

...from genocide and crimes against humanity, they do not believe that all gaps in the express protections of international humanitarian law are filled by international human rights law -- particularly in extraterritorial aspects of armed conflict. The reason for the latter view -- in full disclosure one that I share -- is that modern international humanitarian law consists of conventional and customary constraints on what might otherwise be considered a proper measure to defeat an enemy. In other words, it generally requires that the measures employed in armed conflict be...
04.06.10 | |

09 Jul

...defendant, which in the context of the original ATS is clearly a matter of domestic common law. Instead, it is an utter lack of fidelity to first legal principles in the extraterritorial application of the ATS and the related domestic common law implementing it to foreign defendants. I had begun an article on the topic long ago but have so many other "duties as assigned" that it sits idly in a "maybe-sometime-in-the-future" draft article folder. Bemused Rob: For those of us who are non-US readers, it would be helpful to...
09.07.11 | |