Search: extraterritorial sanctions
02 May Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – ‘Not-a-State’, a Duty-bearer Nonetheless: Attaching Obligations to Corporations
[Gamze Erdem Türkelli is an assistant research professor in international law, human rights and sustainable development at the Law and Development Research Group, University of Antwerp, the principal investigator of the ERC Starting Grant 2023 funded GENESIS project and a member of the Academic Circle on the Right to Development of the UN Special Rapporteur on the Right to Development.] In the latest of the growing string of climate change litigation against corporations, Hugues Falys, a Belgian farmer is taking TotalEnergies, the number one refiner and distributor...08 Mar A Comment on Rights Beyond Borders
Chimène Keitner has written a powerful article in ‘Rights Beyond Borders.’ She is right that there have been few comparative discussions of the extraterritorial reach of domestic (constitutional) protections of individual rights. Her piece goes a long way towards filling that gap. I am in complete agreement with Chimène that there is much to be learned from such a comparative examination. Judges in a number of countries are now increasingly faced with cases arising from extraterritorial situations, and their approaches in dealing with them are remarkably similar. This is even...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 –...
14 Jan Extraterritorial Obligations of Arms Exporting Corporations: New Communication to the ICC
[Marina Aksenova is a Professor of Comparative Criminal and International Law, IE Law School Madrid and Linde Bryk is Legal Advisor – Bertha Justice Fellow, European Center for Constitutional and Human Rights.] On 11 December 2019, ECCHR together with a group of NGOs – Mwatana (Yemen), Rete Disarmo (Italy), Centre Delàs (Spain), the Campaign Against Arms Trade (UK) and Amnesty International Secretariat – submitted a communication to the Office of the Prosecutor of the International Criminal Court (ICC) urging for the opening of a preliminary examination into...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...19 Apr Kiobel Insta-Symposium: Interpreting “Touch and Concern”
to pages 17-24 of the Morrison slip opinion. That section of Morrison clearly addresses the question of conduct that partly occurs abroad and partly occurs at home. Here’s a few choice excerpts from the relevant section of Morrison: [I]t is a rare case of prohibited extraterritorial application that lacks all contact with the territory of the United States. But the presumption against extraterritorial application would be a craven watchdog indeed if it retreated to its kennel whenever some domestic activity is involved in the case… “[W]e think that the focus...21 May The International Community and the Challenge to the Rule of Law: The Future of Iran Nuclear Deal
...a comprehensive solution to the dispute over Iran’s nuclear programme for which the comprehensive lifting of nuclear-related sanctions, including international and national sanctions, was an essential part, as stated in the Joint Plan of Action of E3/EU+3 and Iran issued on 24.11.2013. Thus, it cannot be argued that no state except Iran has hard law obligation in implementing the Resolution. In light of this, the recent decision of the United States to withdraw from this agreement and the measures it has taken to defy the implementation of the Resolution, by...29 Sep Do International Criminal Tribunals Deter or Exacerbate Humanitarian Atrocities?
...of the sanctions these individuals are likely to face – death, life imprisonment, and torture – is also likely to be higher than those imposed by an ICT. Thus, prosecution by an ICT will often serve as a weaker substitute, rather than a complement, to pre-existing sanctions. In one situation, however, the threat of ICT prosecution is likely to complement other possible sanctions and serve as a deterrent – where the perpetrator is unlikely to be subject to other sanctions because he is considered to be politically indispensable. But in...26 May Supreme Court Upholds AZ Undocumented Alien Employer Sanctions Measure
Opinion here in Chamber of Commerce v. Whiting . The Court green-lights state use of licensing laws as a tool of immigration enforcement, consistent with the 1986 Immigration Reform and Control Act. It also upheld Arizona’s imposition of the e-Verify system as a mandatory requirement on employers, where Congress had deemed the system voluntary. The decision is important in its own right: business licensing is a pretty significant tool with which to advance a restrictionist agenda. It will no doubt embolden anti-immigration activists to ramp up their efforts...02 Oct Bush Waives Article 98 Sanctions
Peggy and I have both noted a subtle erosion in the Bush adminstration’s opposition to the ICC. See, for example, here and here. That erosion continued today, as President Bush announced that he was using his authority under Section 2007 of the American Servicemembers Protection Act to permit the U.S. to resume military aid to 21 countries who have refused to sign Article 98 agreements. The countries include Barbados, Bolivia, Brazil, Costa Rica, Croatia, Ecuador, Kenya, Mali, Malta, Mexico, Namibia, Niger, Paraguay, Peru, Samoa, Serbia, South Africa, St....