Search: extraterritorial sanctions

29 Jul Ought the Constitution Follow the Flag?

Marko Milanovic Prof. Raustiala, If I may interject into the discussion with two brief comments: First, have you considered in your book the parallels between the questions surrounding the extraterritorial application of the US Constitution, and the Bill of Rights specifically, and those surrounding the extraterritorial application of human rights treaties, e.g. the ECHR. Though the case law on the latter is itself quite convoluted and contradictory, and some basic concepts are contested, there is still a trend there towards applying HR treaties in extraterritorial situations, particularly when a state...

01 Dec Colonel Sanders at the United Nations

of military action. There are three types of sanctions, namely, Diplomatic sanctions- the reduction or removal of diplomatics ties. Economic sanctions- the ban on trade. Military sanctions- military intervention. The question is, which one of these, might the security council have implored had France not in its wisdom vetoed the resolution? Well known United Nations sanctions includes but not limited to the UN sanctions against Iraq (1990- 2003), UN sanction against South Africa in protest against the apartheid regime (1961). Such were, and still is, the importance and gravity of...

03 Mar President Obama Goes Unilateralist; Threatens to Veto Bill Requiring Congressional Review of Iran Agreement

...national security, including not allowing Iran to pursue nuclear-related military activities” (according the website of the bill’s sponsor, Senator Bob Corker). Here’s the key provision: the bill would suspend for 60 days the President’s ability to waive or lift any sanctions on Iran. Congress would have a chance to permanently suspend his power to waive or lift sanctions via a joint resolution of both houses of Congress. But if Congress does not act at all, or simply approves the agreement, the President can go forward and lift whatever sanctions he...

28 Jul Is Bagram the New Guantanamo? And why did the US adopt effects-based extraterritorial jurisdiction when our partners did not?

...ability (and incentive) to evade constitutional strictures simply by choosing the location of detention. This, of course, was Hugo Black’s prescient concern in his dissent in Johnson v. Eisentrager, the 1950 case that was relied upon so heavily by the Bush Administration in the years after 9/11. Let me also briefly note Bill Dodge’s argument about the rise of effects-based extraterritoriality. The presence of foreign assets in the US is definitely a key factor in the success of this approach, and that presence is in turn a function of the...

19 Jul Trail Smelter Redux (a.k.a. “Superfund Returns”)

Kevin earlier today asked about the extraterritorial reach of human rights treaties. But, what about U.S. statutes – how far do they reach? What exactly constitutes an extraterritorial application of U.S. law? On July 6, the Ninth Circuit addressed this issue in Pakootas v. Teck Cominco Metals, Ltd. (see here). The Ninth Circuit ruled that “slag” metal discharges from Teck Cominco’s smelter in Trail, British Columbia, which had traveled down the Columbia River and come to rest within U.S. territory, were subject to regulation under the U.S. Superfund statute –...

27 Jul Is Extraterritoriality One Phenomenon or Many?

“Does the Constitution Follow the Flag?” is a fascinating book, and one of its great strengths is that it juxtaposes a number of different examples of how law and territory do not align, some of which have been largely forgotten. When most of us think about extraterritoriality, we think of issues like the extraterritorial application of antitrust law, the applicability of the Fourth Amendment to searches in Mexico, or whether detainees at Guantanamo can file habeas petitions. We are less likely to think about Status of Forces Agreements (SOFAs), consular...

07 Jun When Will the E.U. Cave on Its Extraterritorial Airline Emissions Tax?

Maybe the EU will stick to its guns on its controversial airline emissions tax, but I somehow doubt they will not eventually be forced to cave. (Reuters) – Senate lawmakers and the Obama administration on Wednesday stiffened their opposition to a European law that targets emissions from commercial jetliners and applied new pressure on Brussels and the United Nations to resolve global concerns. In a rare display of election-year bipartisanship, Democratic and Republican members of the Commerce Committee and the administration’s top transportation official called the EU standard...