Search: extraterritorial sanctions
13 Jan Reflections on UN Law Making
of the challenges to UN lawmaking that became very apparent to me during my recent sabbatical study of UN sanctions is that the UN system doesn’t offer many ways to resolve ambiguities in interpretation and implementation. UN sanctions on North Korea, for example, ban luxury goods, but the resolution did not contain a definition of what a luxury good is. Some clarification was provided in a later Security Council resolution issues in March of 2013, some six years later, see this resolution, but this followed a long period of debate...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...03 Oct Kiobel Roundtable: Getting Exhaustion Right
...against US companies. Even in purely universal jurisdiction cases, the Court should respect exceptions to exhaustion recognized by international law. An exhaustion requirement seems likely. In the Kiobel oral argument on the extraterritorial reach of the ATS, three Justices likely to support extraterritorial reach — Ginsburg, Kagan and Sotomayor — asked questions sympathetic to an exhaustion requirement (Tss. at 8, 13-15). In response, Paul Hoffman, plaintiffs’ counsel, appeared open to an exhaustion requirement (Tss. at 13-14). No Justice or counsel spoke against an exhaustion requirement; even two Justices generally hostile...28 Jan Guest Post: Colangelo–Kiobel and Conflicts of Law
stark contrast to a flexible cadre of state choice-of-law methodologies that liberally apply state law whenever the forum has any interest in the dispute. The result is a counterintuitive disparity: state law enjoys potentially greater extraterritorial reach than federal law. The disparity is counterintuitive because the federal government, not the states, is generally considered the primary actor in foreign affairs. Indeed, the presumption against extraterritoriality springs directly from foreign affairs concerns: its main purpose is to avoid unintended discord with other nations that might result from extraterritorial applications of U.S....04 Oct Further Thoughts: It is Indeed Legal for a U.S. Court Hold Argentina in Contempt
...analysis. 1) It is legal and consistent with U.S. domestic law for a U.S. court to issue contempt sanctions against a foreign sovereign. The most recent authority for this proposition is the quite recent 2011 opinion from the U.S. Court of Appeals for the D.C. Circuit, F.G. Hemisphere Associates v. Congo. In that case, the D.C. Circuit rejected the argument by Congo (and the U.S. Government) that contempt sanctions due to Congo’s refusal to comply with discovery orders would violate the FSIA. Following the U.S. Court of Appeals for the...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...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...