Search: extraterritorial sanctions
05 Aug Greece Boat Disaster: Questions of International Law
...Rights accepted that such extraterritorial control was established, both de jure and de facto, when the Italian authorities intercepted a boat on high seas, transferred the passengers to their own vessels, and returned them to Libya. The UN Human Rights Committee has further held that extraterritorial jurisdiction also exists when the vessel in distress is located within the SAR zone, for which a State has formally assumed responsibility to coordinate rescue operations (AS and others v. Malta). Extraterritorial jurisdiction can also arise when a State, without having formal competence, is...08 Mar A Comment on Chimène Keitner’s “Right Beyond Borders”
...does not demand anything like the blanket rule in Hape. This is why prescriptive jurisdiction does not play a significant role in the U.S. and U.K. cases. The extraterritorial reach of constitutional rights is primarily an internal question, to be resolved by interpreting the relevant national instruments rather than by reference to international law. Of course, this is where the real problems begin. As Marko points out, there are many reasons why national courts are hesitant to extend rights extraterritorially. These reasons, however, are not external to the constitutional interpretation...02 Dec A Response to Milanovic
In Extraterritorial Application of Human Rights Treaties: Law, Principles, Policy, Marko Milanovic has written an illuminating and comprehensive analysis of the increasingly contested question of the geographic scope of human rights treaties. Of course, this is a dynamic area of law—as Marko notes, many of the cases he examines are of quite recent vintage—so undoubtedly he will be at work on second addition in a few years. But for now, this book provides a closer reading and a more detailed, one might even say exhaustive, survey of the relevant issues...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...
04 Feb Comity as Cover? How U.S. Courts Balance International Law Away
is intended to apply extraterritorially unless Congress clearly indicates otherwise. Thus, on its face, the presumption appears to limit the reach of U.S. law abroad by setting a high threshold for applying statutes extraterritorially. Yet, the presumption does not categorically prohibit extraterritorial application. Rather, it acts as a procedural gatekeeping mechanism. Courts first determine whether the statutory text contains a “clear, affirmative indication” of extraterritorial intent. If no such language exists, the inquiry ends with the statute being confined to domestic application. However, if courts find that there is sufficient...
15 Jun The International Criminal Court is Hardly a Threat to US National Security
...should be no US interest in furthering impunity. Problem 3: The claim that it is in US interests to implement sanctions against Court staff The Order imposes potential sanctions freezing “all property and interests in property that are in the US” of “foreign persons” who “directly engaged in any effort by the ICC to investigate, arrest, detain, or prosecute any US personnel” or nationals of “an ally of the United States” without the consent of that country. (Section 1, (a)(i)(A)-(B).) (Given past US Government statements and recent reporting, the “ally”...
10 Mar Characterizing War in a Trade Context
to such a degree that they were a matter of concern to the international community. By December 2016, the situation between Ukraine and Russia was recognized by the UN General Assembly as involving armed conflict. Further evidence of the gravity of the situation is the fact that, since 2014, a number of countries have imposed sanctions against Russia in connection with this situation. The panel drew from UN General Assembly Resolution 68/262 and UN General Assembly Resolution 71/205, as well as Russian sanctions imposed on the United States, EU Member...20 Feb Ukraine: Background, Sanctions, and the Sword of Damocles
...the violence, the medium-term Western response may be sanctions against Ukraine, particularly targeting the assets of President Yanukovich and his allies. But, hanging over all of this like the sword of Damocles is the concern over the stability of the Ukrainian state. The previous Opinio Juris posts, the BBC report linked-to above, and others have noted the sharp electoral and linguistic (Ukraine-speaking/ Russian speaking) divide between western Ukraine and eastern Ukraine. Some have voiced concern that Ukraine faces a possible civil war or a break-up of the country. Edward Lucas...01 Jul UN Ombudsperson Kimberly Prost to Leave Post in July
...hold for the institution now that she is departing, which is significant rule of law problem. The issue was extensively discussed at a recent conference on UN Sanctions at Leiden University in the Netherlands. The program is available under the committee documents tab here. In addition to the fragility of this institution, its exclusivity was discussed in detail. The Ombudsperson’s Office has jurisdiction to review and delist individuals on the Al Qaida sanctions lists, but individuals and entities on the 15 other sanctions lists do not have access to this...