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...08 Mar A Response to Milanovic and Verdier on Rights Beyond Borders
...assumption that “states cannot effectively ensure respect for their human rights obligations abroad unless constitutional rights also extend extraterritorially.” He questions this assumption, and suggests that some extraterritorial regulation of state agent conduct could be done for example by statute, rather than through constitutional means. This raises important and interesting questions of institutional competence and, as Pierre-Hugues indicates, “self-compliance” by states (which I consider briefly, e.g., p. 111). To a large extent, delineating the extraterritorial reach of domestic rights also defines the role of domestic courts in enforcing those rights...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...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...
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...
10 Mar Characterizing War in a Trade Context
to such a degree that they were a matter of concern to the international community. By December 2016, the situation between Ukraine and Russia was recognized by the UN General Assembly as involving armed conflict. Further evidence of the gravity of the situation is the fact that, since 2014, a number of countries have imposed sanctions against Russia in connection with this situation. The panel drew from UN General Assembly Resolution 68/262 and UN General Assembly Resolution 71/205, as well as Russian sanctions imposed on the United States, EU Member...