Search: extraterritorial sanctions
18 Apr Kiobel Insta-Symposium: The Impact of Kiobel on FCPA Enforcement
...against foreign companies has been so prominent as to gain the attention of main-stream media such as the New York Times in this story. In short, while the above FCPA enforcement actions against foreign actors (and several other examples could also be cited) did not rely on extraterritorial jurisdiction – because indeed there is none under the FCPA as to foreign actors – they did rely on what I’ve called de facto extraterritorial jurisdiction given the scant connection the bribery schemes had to the U.S. It is here where the...09 Aug A Fair and Balanced Discussion of the Military Commission Act of 2006?
...begging. A treaty can govern both territorial and extraterritorial matters. According to SCOTUS, federal statutes generally cannot govern extraterritorial matters because this would violate international law's comity presumption against the extraterritorial effect of national legislation. The only way federal statutes can have extraterritorial effect is if international law (e.g., a treaty) allows it. Therefore, the authority of a federal statute to have extraterritorial effect is based on international law (e.g., a treaty). Treaties, on the other hand, do not rely on the authority of federal statutory law to have territorial...05 Feb Responding to Ryan Goodman About Serdar Mohammed — Part I
...if it is affirmed in the section on extraterritorial NIACs, the ICRC seems to include all kind of NIACs. It says "both customary and treaty IHL contain an inherent power to intern and may in this respect be said to provide a legal basis for internment in NIAC". Don't you think that otherwise it would have said "...a legal basis for internment in extraterritorial NIAC"? Kevin Jon Heller No, because that statement comes in the section on extraterritorial NIAC -- and the section on traditional NIAC says nothing remotely similar....02 Dec A Response to Milanovic
In Extraterritorial Application of Human Rights Treaties: Law, Principles, Policy, Marko Milanovic has written an illuminating and comprehensive analysis of the increasingly contested question of the geographic scope of human rights treaties. Of course, this is a dynamic area of law—as Marko notes, many of the cases he examines are of quite recent vintage—so undoubtedly he will be at work on second addition in a few years. But for now, this book provides a closer reading and a more detailed, one might even say exhaustive, survey of the relevant issues...23 Mar The Extraterritorial Application of the Child Sex Trafficking Laws
in Cambodia until after he was arrested and did not participate in Frank’s detention or interrogation. As for the extraterritorial application of the statute, the Court found that because Section 2251A requires that in the course of the prohibited conduct, the defendant or minor “travel[ ] in … interstate or foreign commerce,” Congress plainly intended that the statute sweep broadly and apply extraterritorially. The language of § 2251A requiring travel in foreign commerce, the broad sweep warranted by child pornography offenses, and Congress’s repeated efforts to prevent exploiters of children...
15 Jun The International Criminal Court is Hardly a Threat to US National Security
...should be no US interest in furthering impunity. Problem 3: The claim that it is in US interests to implement sanctions against Court staff The Order imposes potential sanctions freezing “all property and interests in property that are in the US” of “foreign persons” who “directly engaged in any effort by the ICC to investigate, arrest, detain, or prosecute any US personnel” or nationals of “an ally of the United States” without the consent of that country. (Section 1, (a)(i)(A)-(B).) (Given past US Government statements and recent reporting, the “ally”...
11 Sep Punitivism Is Not the Desired Panacea Or: Why Good Social Policy Is Also the Best “Corona Policy”
...court judge and law professor Winfried Hassemer: our response to deviation in society must be a humane one, so that the state’s manner of interacting with its citizens will stand as a beacon for citizens’ interactions among themselves and encourage humane public discourse. At any rate, demanding tougher sanctions does not answer the question of enforcement of those sanctions. The threat of a sanction alone is not enough; what is needed are officials who register infringements and pass them on to the competent authorities, who then punish them. It is...03 Sep Security Council Resolution 1696, RIP
in agreement that it’s “too early to impose sanctions on Iran.” AFP reports that Kofi Annan, meanwhile, has arrived in Iran to let the Iranians know that notwithstanding the clear language of resolution 1696, the UN Secretary General opposes sanctions and believes “patience is more effective.” Sadly, the Security Council’s inaction was rather predictable. Some days ago, the United States already began maneuvering to create an ad hoc coalition of countries that will impose economic sanctions on Iran. However, it’s difficult to believe these efforts will meet substantial success. Iran...
12 Feb Enriching International Norms on Election Monitoring as a Humanitarian Project
...as “why widespread protest against forged elections in Venezuela, Syria and many other countries around the world have not succeeded”? They implicitly suggest that some nations are not brave enough to pay the price for freedom. Some policy-makers also address the issue by referring to inadequacy of internal or international pressures on a nation. In this regard, the tough economic sanctions imposed on states like Iran, North Korea, and Venezuela is essentially based on an optimistic premise that sanctions would make life harder for the people and eventually lead them...