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Search: extraterritorial sanctions

03 Nov

...essential to the federal courts having a constitutional basis for exercising jurisdiction over it. The court then held, The norms being applied under the ATS are international, not domestic, ones, derived from international law. As a result, the primary considerations underlying the presumption against extraterritoriality—the foreign relations difficulties and intrusions into the sovereignty of other nations likely to arise if we claim the authority to require persons in other countries to obey our laws—do not come into play. This is because, Judge Kleinfeld’s contention notwithstanding, we are not asserting an...
03.11.11 | |

22 Apr

United States. “Extraterritorial Territory.” In some ATS cases, it is alleged that the unlawful conduct occurs abroad, but there is nonetheless a territorial nexus to the United States. Examples include conduct that occurs on U.S. territories, within U.S. embassies and consulates, on U.S. military bases located overseas, or on U.S.-flagged vessels or airlines. Obviously, not all of these activities will touch and concern the United States with sufficient force to displace the presumption against extraterritoriality. But these are the kinds of questions that will be the subject of future litigation....
22.04.13 | |

25 Nov

...very problem that Kiobel addressed, i.e., the extraterritorial reach of domestic law. While international crimes are subject to universal jurisdiction, universal jurisdiction is still only permissive and not mandatory. The duty, if there is one, for states to punish all international crimes (e.g., as suggested in the preamble to the ICC Statute) is a very weak one; the only clear duties are those in specific treaties like the Torture or Disappearances Conventions. So why assume that states will pass criminal statutes (even covering obvious international crimes) covering conduct by their...
25.11.14 | |

21 Apr

...by the reviewer. Characterizing Murphy’s analysis of the evolution from blanket to smart sanctions as brilliant, Popovski fully agrees with the author’s conclusions and provides another argument in addition to his earlier proposal on the veto power elimination: the Security Council, liberated from veto, should impose mandatory sanctions upon states violators of international peace, security and human rights, to be implemented by the entire world, and to be robustly enforced by them. Again, this argument strikes us as a very logical and clear proposal, albeit implementing it in reality –...
21.04.23 | , , , and |

13 May

...the Rules impose harsh penalties including criminal sanctions on intermediaries if they fail to comply with any provision of the Rules. Rule 7 states that any social media intermediary that fails to meet its obligations under the Rules would be liable for any punishment in force including the provisions of the Indian Penal Code. General Comment 34 of the UN General Assembly and the UN Special Rapporteur on the promotion and protection of freedom of expression have both repeatedly affirmed that imposing penal sanctions on free speech cause a severe...
13.05.21 | |

12 Aug

...economic and travel sanctions against the Prosecutor, Fatou Bensouda and Phakiso Mochochoko, the Head of the Court’s Jurisdiction, Complementarity and Cooperation Division. The administration justified the sanctions on the basis that Bensouda and Mochochoko were engaging in the ‘politically motivated’ targeting of American soldiers who served in Afghanistan. The sanctions order called the investigation ‘unjust and illegitimate’ without elaborating as to either claim. However, an earlier Executive Order issued by Trump authorising the use of sanctions against ICC employees linked them to the ICC’s assertion of jurisdiction over possible criminality...
12.08.22 | |

11 Jun

...of the States in those countries where they apply? As a global company, we have binding legal obligations in the countries where we’re incorporated. That’s part of the fundamental reality of the internet – it’s a reality that, by and large, has served human rights well–although it’s a reality that’s also under great stress. For example, one particularly difficult example is our obligation, as a U.S. company, to comply with U.S. sanctions regulations (which vary by circumstance) in all the jurisdictions where we operate. Sanctions regulations applicable to Facebook, include...
11.06.21 | |

18 Mar

...likely continue to dominate HRDD. As explained below, a company’s reliance on the monitoring and reporting of such schemes might provide a shield to liability. Articles 15-19: Supervisory Authority These five articles together establish the oversight mechanisms that member states should establish to ensure that companies comply with their HRDD obligations. This includes a (fairly vague) process whereby individuals or organizations can come forward with substantiated concerns (Art 18). It also provides that member states can impose administrative sanctions for breach of the directive (Art 19). While these elements are...
18.03.22 | |

18 Aug

...of legitimacy and power are crucial: not as an ideal concept, not as a strict and defined notion, but rather, as the thermometer of how States consider their status, obligations and capacities in international law and their willingness to work alongside international organisations, especially in order to address security issues. This post examines State sovereignty in the context of post-9/11 counterterrorism and focuses both on the ability of international organisations to adopt and enforce counterterrorism measures and on the practical example of terrorist asset freezing sanctions. Terrorism challenges the sovereignty...
18.08.16 | |

16 Nov

...Evidence of our acceptance is the legal sanction. The community sanctions violations of law with coercive measures—unlike the way communities deal with social or moral violations. International law has and always had sanctions for law violation, which provide evidence of what the international community understands to be law. The Power and Purpose of International Law takes on this central myth about international law today: that it is not really law because it has no means of enforcement. The three chapters of Part I present the very real enforcement means of...
16.11.08 | |

20 Nov

...Council Sanctions Committee, including a determination as to whether the reasons for sanctions listings by the Council were well founded in fact. I argue that the assumption of such authority by courts to review decisions sourced in international institutions could be regarded as a move as revolutionary as Marbury v Madison and equivalent kairotic moments across domestic jurisdictions. It is not a move that should be made without significant thought being given to the legitimizing foundations of judicial authority in this context. When domestic and regional courts engage in such...
20.11.13 | |

23 Nov

...mostly be traced to Europe. Thus the very universality from which the UN draws its legitimacy is in some crucial respects more token than real. If Kosovo was an illegal and yet legitimate intervention, the reverse is true of many sanctions regimes. The Security Council is legally competent to impose sanctions. But as these sanctions became discredited for their harsh humanitarian consequences, instead of the UN legitimizing sanctions, the latter erode the UN’s legitimacy. With respect to the use of international force to avert or halt atrocity crimes inside states,...
23.11.10 | |