Search: extraterritorial sanctions
15 Dec Baltic Backdrop: Sanctions Evasion and the Legal Limits of Maritime Enforcement
...the sea and ocean policy.] This post examines recent incidents in the Baltic Sea involving Russia’s shadow fleet, focusing on the legal and geopolitical tensions sparked by tankers evading sanctions and the law of the sea. It critically examines Estonia’s assertive maritime enforcement measures in the Gulf of Finland, situating them within the framework of the United Nations Convention on the Law of the Sea (UNCLOS) and the evolving discourse on the limits of coastal State jurisdiction. The Baltic situation illustrates broader global challenges to maritime law posed by substandard...08 Jun Lessons from the Great White North: Canada’s Supreme Court Limits Extraterritorial Application of its Charter
...in relation to the extraterritorial apprehension of a Canadian citizen in the United States which led to his incarceration and torture in Syria. The work of Canadian security personnel other than the RCMP may give rise to other issues, some of which may relate to the extraterritorial treatment of Canadian citizens. I mention these matters simply to illustrate the sort of issues that may eventually wind up before us and on which we can expect to hear extensive and scholarly argument in relation to the extraterritorial application of the Charter....17 Apr SCOTUS Votes 9-0 that Corporations Cannot Be Sued Under ATS for Extraterritorial Acts Without U.S. Interest At Stake
Chris Whytock Based on my first reading of the opinions, I agree with Julian that the door remains open for extraterritorial ATS claims against U.S. corporations. Thinking out loud: By carefully noting that “mere corporate presence” does not suffice for an ATS claim to go forward, Part IV of the majority’s opinion implies that something more than “mere corporate presence” might suffice. This implication is reinforced by Justice Kennedy’s one-paragraph concurrence, which serves primarily to emphasize that other ATS cases involving the presumption against extraterritoriality may arise that are not...
02 Mar Not All that Glitters Is Gold: the Human Rights Committee’s Test for the Extraterritorial Application of the ICCPR in the Context of Search and Rescue Operations
whether the ICCPR applied to the events of 11 October. It is this question that I discuss here. The test for the extraterritorial application of the ICCPR There is an established jurisprudence that human rights treaties apply extraterritorially. Typically, this occurs when a State exercises jurisdiction abroad through effective control over territory, or exercises power and authority over an individual (General Comment, No 31 § 10). In the traditional sense, this involved occupation of territory (“spatial model”) or exercise of physical authority over persons (“personal model”); however, human rights bodies...
03 May Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Back to the Drawing Board: Debordering Human Rights Law
...whom the duty-bearers are, how obligations are allocated to those duty-bearers, and how responsibility for violations is assigned. The Current Paradigm In human rights law, a territorial-state-centric paradigm prevails. Human rights obligations are incumbent on the state on whose territory an individual or group find themselves on. This is often captured by the notion ‘territorial jurisdiction’. The default position is that a state has human rights obligations if and when it exercises territorial jurisdiction. Very exceptionally, and almost grudgingly, exceptions to territorial jurisdiction have been accepted. Such extraterritorial jurisdiction has...
08 Oct Trump vs. International Law: Exploiting the Legal Gaps Left by the Obama Administration
...Times, that Koh, as State Department Legal Advisor in 2010, actually advised the Obama administration to change its interpretation and to recognize the extraterritorial application of the ICCPR. He noted that the 1995 Interpretation has been questioned by the International Court of Justice, the Human Rights Committee, and some of our closest allies, many academics, human rights experts and NGO commentators. “It also stands in tension with the recognition by regional human rights bodies of extraterritorial obligations under other human rights instruments,” he wrote. Koh continued: In my view, the...16 Oct Reciprocal Unilateralism
has extraterritorial impacts. However, in Imperial Tobacco the legislation was not itself aimed at companies outside of Canada, but rather sought recourse from tobacco companies regardless of their presence in or out of the jurisdiction. Thus, in that case, the court found that the “pith and substance” of the legislation was not extraterritorial. Had the court found otherwise, the constitutional challenge would have been successful. If a statutory approach is taken towards seeking damages related to pollution, a purely extraterritorial approach would present a significant challenge. The alternative is to...23 Sep Lower Courts Narrowly Interpret Kiobel
...Supreme Court has implicitly overruled his decision on corporate liability," because that's what the Court should be considered to have done in Kiobel. Just as Judge Cabranes couldn't reach the extraterritoriality issue in Balintulo if he was right about corporate liability, the Supreme Court couldn't have reached the extraterritoriality issue in Kiobel if Judge Cabranes was right on corporate liability. Cabranes can't have it both ways; he either needs to acknowledge that his earlier decision is no longer good law, or that the court has no jurisdiction to address other...
15 Aug Settler Violence as State Wrongful Act and Third State Obligations
...a matter of fact, has been an Israeli central mechanism to systemically dispossess and forcibly transfer Palestinians. Some countries have imposed sanctions, which comprise of asset freeze – and the provision of funds or economic resources and a travel ban on a few individuals and organisations known for their violent and extreme attacks against Palestinians. Considering the illegal status of Israeli presence in the occupied Palestinian territory (oPt), illegal settlements, outposts and settlers, this phenomenon raises many legal questions and concerns. This post provides a brief legal assessment – within...
12 May Invoicing Russia for Ukraine’s Recovery: The Complexities of Repurposing Frozen Russian Assets
...prohibitions, many countries have taken steps to make sanctions evasion a crime in of itself. Germany has amended its Sanctions Enforcement Act to allow for the prosecution of any sanctioned person who fails to declare their assets in Germany to the German authorities. United Kingdom lawmakers introduced the Economic Crime Act which would provide the government with the authority to levy civil penalties against sanctions violators on a strict liability basis. The European Union has also proposed that all of its Member States take a uniform approach to criminalizing the...