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Search: extraterritorial sanctions

07 Jan

...acts unduly restricted their right to freedom of expression, even if they broke the law.  Regional human rights courts have often emphasized that criminal sanctions are likely to have a chilling effect on freedom of expression and that criminal law should be used as a last resort, especially in cases where people exercise their rights peacefully. Domestic courts have reiterated these principles. For example, the French Court of Cassation has repeatedly ruled that lower courts must assess in each case whether imposing criminal sanctions on human rights defenders would disproportionately...
07.01.26 | and |

03 Apr

...interventions in the COVID-19 response than the threat of criminal sanctions. Clear, transparent and consistent public health communications can help persuade people to comply with public health measures. Provision of support services, fulfillment of basic needs (e.g., food, water), as well as financial, social and psychosocial support, can also strengthen compliance. Moreover, should sanctions to address the consequences of non-compliance be needed, States may impose administrative or civil fines, provided that they are implemented in a manner that is consistent with human rights. Red Flags for Future Use of Criminal...
03.04.20 | |

27 Aug

...was part of a process of escalating measures directed at those responsible for atrocities, including targeted sanctions imposed by the EU and Canada in June, and sanctions imposed by the United States during August that focused on two military units, depriving their commanders of access to foreign financial assets. At the end of October Australia, an important regional power, also imposed targeted sanctions on five senior officers from Myanmar’s military. Finally, in late 2019, following a meeting of the Organization of Islamic Cooperation, it was announced that The Gambia would...
27.08.20 | |

30 Oct

...and rationale to amend the EU Enforcement Regulation The EU Enforcement Regulation allows the EU to adopt trade sanctions (eg. increased custom duties, quotas on imports or exports of goods, or other measures in the public procurement sector) on the losing party after the EU has secured ‘a win’ in a trade dispute at the WTO. Under Article 3 (Scope), the trade sanctions would be imposed when the WTO Dispute Settlement Body (‘DSB’) adopts the relevant WTO Panel or AB report (if appealed) and authorises the EU to suspend the...
30.10.20 | |

18 Jul

...would assume U.S. treaties apply in U.S. territory, and only U.S. territory. Of course, one could still bind the United States to the ICCPR for extraterritorial acts if you could establish that it was intended to have such a reach. On that front, however, I believe the United States has been a pretty persistent objector. Marko Milanovic As Marty points out, there are two separate issues raised by the US before the Committee, and previously: (i) the ICCPR does not apply extraterritorially, and (ii) even if it did, IHL is...
18.07.06 | |

04 Sep

...Bennett v. Iran would lead one to believe that any tort committed anywhere in the world is subject to the state tort laws of the injured party. The obvious solution is to presume that state tort laws do not apply extraterritorially, which hopefully would prompt Congress to create a federal cause of action for terrorism. (Incidentially, the definitive law review article on the extraterritorial application of state tort laws to combat terrorism has yet to be written. If there are any takers, I would love to read a forthcoming article)....
04.09.07 | |

08 Apr

[Matthew Sands is a Legal Advisor with the Geneva based NGO, Association for the Prevention of Torture (APT) the full judgment on this case is available here.] In late January, the UK Supreme Court published its judgment in the case of Youssef. In 2005, Mr. Youssef had been suspected of involvement in terrorist-related activity, and Egypt had requested the UN sanctions committee mandated under UN Security Council resolution 1267 to impose targeted sanctions on Youssef including an assets freeze and a travel ban. The UK Secretary of State for Foreign...
08.04.16 | |

15 Dec

extraterritorial attacks against non-state actors is one of the most difficult and controversial areas of international law, requiring a careful analysis of state practice and opinio juris. Unfortunately, such an analysis is absent from Deeks’ essay. Instead, Deeks relies on a mistaken understanding of neutrality law, provides little more than a few isolated examples of extraterritorial attacks that have ostensibly been justified under the “unwilling or unable” rubric, and ignores all of the contrary examples. That is a methodologically unsound approach, and it significantly weakens what is otherwise a very...
15.12.11 | |

06 Mar

...to reverse the arguments against extraterritorial application of the ATS made by the Bush Administration in its brief to the Supreme Court in 2008 in the Apartheid case (which the Solicitor General may be reluctant to do). This may be one reason why the Administration asked the Supreme Court not to address the issue of extraterritoriality in its original amicus brief.   One might also add that the amicus brief drafted by Jack Goldsmith in support of defendant corporation Shell seems to have had an effect; Goldsmith and his amicus...
06.03.12 | |

13 Aug

...Union (‘EU’) sanctions (.pdf) in force against Sudan includes travel bans on individuals who ‘commit violations of international humanitarian law or human rights law or other atrocities.’ Among the EU sanctions (.pdf) in force against the Democratic Republic of Congo (‘DRC’) are travel bans and freezing of funds and economic resources of ‘individuals and entities recruiting or using children in armed conflict’ or who are ‘involved in the targeting of children or women in situations of armed conflict.’ Further, in relation to Syria, the EU has adopted an array of...
13.08.14 | |

29 Jul

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...
29.07.09 | |

23 Mar

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...
23.03.10 | |