Search: extraterritorial sanctions
29 Jul Structuralism and Constitutional Limits on the Extraterritorial Exercise of Power
Raustiala’s book is about the scope of constitutional protections applied abroad. I did not find much in the book addressing whether the Constitution imposes limits on the extraterritorial exercise of federal power. Why is that? We have a robust and well-developed Interstate Commerce Clause jurisprudence, but we have precious little guidance as to the scope or even theory of the Foreign Commerce Clause. Can we say that there are constitutional limitations on the exercise of legislative authority outside of our borders based on the Foreign Commerce Clause? I would think...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...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 Nov Extraterritorial Regulation of Human Rights and the Environment Under the WTO General Exceptions
...States to regulate foreign harms, why should the other exceptions not be interpreted to authorize a Member State to regulate foreign harms? Moreover, VCLT 31(3) requires treaty provisions to be interpreted in light of subsequent agreements between the parties and relevant rules of international law applicable between the parties. If treaties or international law principles of prescriptive jurisdiction allow Member States to regulate extraterritorial harms, then this too should inform the interpretation of the Article XX exceptions. On this theory, Member States should be able to take measures under Article...16 Oct A Response: Reciprocal Unilateralism
I may be on the fringes when we see extraterritorial lawsuits as a method for bringing uncooperative partners back to the bargaining table. (If you’re interested, I’ve explored this last issue, international legal theory, the global growth of extraterritoriality, and the decline of multilateral lawmaking, in a new paper.) Given all this – and the changes in law and science that make such suits more plausible than before – Canadians might well be wise to seriously consider extraterritorial transnational litigation as a pragmatic necessity. One last point, before our guest...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...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...
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...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...24 Nov The New Iran Deal Doesn’t Look Legally Binding. Does it Matter?
...would undertake the following voluntary measures: Pause efforts to further reduce Iran’s crude oil sales, enabling Iran’s current customers to purchase their current average amounts of crude oil. Enable the repatriation of an agreed amount of revenue held abroad. For such oil sales, suspend the EU and U.S. sanctions on associated insurance and transportation services. Suspend U.S. and EU sanctions on: Iran’s petrochemical exports, as well as sanctions on associated services.5 Gold and precious metals, as well as sanctions on associated services. · Suspend U.S. sanctions on Iran’s auto industry,...