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Search: extraterritorial sanctions

25 Apr

...Syrian state, and called on Turkey to cease its unilateral military action and to withdraw its forces from Syrian territory. Additionally, they proposed or enacted a series of sanctions and restrictions. But these sanctions proved to be merely temporary as the international community reacted non-committally and the language used towards the perpetrator was not as severe as it might have been, e.g., to merely call on Turkey rather than demand as a matter of legal obligation. But the seriousness of rights violation is no less than what has been seen so far...
25.04.22 | |

26 May

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...
26.05.11 | |

31 Aug

...thing many will hear is the rhetoric of those trying to slice off successive pieces of Ukraine. That rhetoric, unanswered, can reinforce the beliefs of those who want to dismember Ukraine. For others, it may make it seem as if maybe Russia “has a point” and muddy the waters. In both instances, effective sanctions could be perceived as just another example of might overcoming right. And, rather than resolving the situation, the seeds for further conflict would be planted. While effective sanctions enforce norms, clear norms strengthen sanctions.    ...
31.08.14 | |

18 Jun

...individuals in Southeast Asia while navigating online spaces. This disturbing state of affairs is especially entrenched in legally repressive landscapes that discriminate against LGBTI individuals. With respect to this, five countries in Southeast Asia still retain some form of criminal sanctions for consensual same-sex sexual relations, namely Brunei, Indonesia, Malaysia, Myanmar, and Singapore.  In addition, during the COVID-19 pandemic, online hate speech and violence against LGBTI people have increased, including in Malaysia and Indonesia. Further, lesbian, bisexual and transgender women are at greater risk and “may experience particularly severe forms of online violence”, as has been...
18.06.22 | |

16 Sep

...or terminate sanctions on Iran while Congress “reviews” the agreement. Congress may vote a resolution of disapproval, which would prevent the President from lifting or waiving sanctions, but it doesn’t say he can’t enter into the Agreement. But Congress may also simply do nothing (which is what it has done), which would also allow the President to lift the sanctions after 90 days. Nothing in the Act says the President can’t enter into the Agreement. It just says, once he does so, he has to disclose that agreement to Congress...
16.09.15 | |

25 Jul

...balance between the maintenance of (i) international peace and (ii) international security (para.131), suggesting that Courts will play a role in the collective security going forward, particularly where fundamental rights are at stake. Despite the improvements in the listing / delisting process represented by the creation of the UN Office of the Ombudsperson, the Court decides that UN processes do not “provide to the person whose name is listed on the Sanctions Committee Consolidated List … [with] the guarantee of effective judicial protection.” (133) This decision may set a new...
25.07.13 | |

29 Sep

...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...
29.09.06 | |

18 Nov

...the use of economic sanctions against states accused of human rights violations. But there are instances in which it is quite predictable—for example, the use of trade sanctions for violations of the GATT. It is not outcasting that makes the legal system unpredictable per se; it is the willingness or unwillingness of states to use the available sanctions to enforce the law. That, in turn, depends on a variety of factors—factors that can sometimes be at least partially addressed by better designed outcasting sanctions (in ways we begin to discuss...
18.11.11 | |

02 Oct

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....
02.10.06 | |

06 Mar

[Anthony J. Colangelo is an Assistant Professor of Law at SMU Dedman School of Law] I suspect the extraterritoriality issue has taken on renewed significance after the Supreme Court’s decision in Morrison v. Nat’l Aust. Bank, which, as many readers know, addressed the extraterritorial reach of the Securities Exchange Act. According to the Court in Morrison, “When a statute gives no clear indication of an extraterritorial application, it has none.” The question now is whether this reinvigorated presumption applies to the ATS. In a recent article in the Virginia Law...
06.03.12 | |

03 Feb

...law governing the extraterritorial conduct at issue? Stated differently, if a case involves extraterritorial conduct and effects, and parties other than the U.S. government or a U.S. national (e.g. Filartiga), is any domestic law even potentially applicable as such? Clearly, U.S. courts can apply foreign law as the law governing extraterritorial conduct without "domesticating" the foreign rule of decision. In such cases, the conflict of laws rule is domestic, but the foreign law rule of decision that it requires to be applied is not. It is, as they say, "discovered"...
03.02.10 | |

27 Oct

Atik Hi Julian - Well the presumption against extraterritoriality is not universally recognized (consider U.S. antitrust law) and can always be overcome by sufficiently clear Congressional expression. 271(f) is an example - Congress clearly wishes to provide a remedy to some extraterritorial conduct - the question remaining is whether particular extraterritorial conduct (the supply of patented software from the United States for incorporation into an otherwise foreign-built computer) falls within that statute's reach. I suppose it will also raise whether the patented software is by itself "a patented invention" as...
27.10.06 | |