Search: extraterritorial sanctions
18 Nov Natural Law Skepticism
...of Natural Law is empty of operative force rests upon the view that since the term 'law' must be defined in terms of physical sanctions enforceable within the polity, consequently, the dependence of Natural Law upon theological, transcendental, or non-physical sanctions deprives the concept of the status of 'law.' But even positive law, though backed by coercive authority, relies for its effective and continuing operation upon a large measure of conformity, upon social sanctions, public opinion, and the internalization of externally determined obligations [Brian Tamanaha, if I'm not mistaken, has...04 Jun Why International Law Can’t Resolve the Legality of the Gaza Blockade
...position on [the legality of] punitive economic sanctions and boycotts.”...." I have seen that Professor Bell has posted on this site on another thread, and if we're lucky he'll join in here too. Aaron Levitt Thank you, Brian, this is helpful. I've never seen the use of "collective punishment" opposed on technical grounds in this case, although I have wondered about the parallel to economic sanctions. I'll need to look into the issue further. Brian Aaron, I'm glad you found that helpful. When someone erroneously states that Israel is breaking...22 Apr Kiobel Insta-Symposium: Degrees of Territoriality
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....03 Nov Salvaging the Charming Betsy in ATS Cases: A Response to Rio Tinto
...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...16 Oct The Risk of Using Domestic Law to Solve Transboundary Harm
– may well cause Canadians to rethink their reluctance to extraterritorially apply their own laws. But to my mind, extraterritorial lawsuits (i.e. transnational litigations) are problematic. In some ways, recent international legal scholarship has encouraged these suits. Sovereigntist/revisionist scholars have pushed internationalists to turn domestically with their sustained attack against international, multilateral instruments as a threat to American democratic sovereignty. On the other hand, internationalists have also turned away from traditional sources of international law and multilateralism, believing the traditional view that international lawmaking should be the sole business of...
24 Jun Unilateral Regulation Without Mirror Clauses? The Limits of the EU’s Brussels Effect in the EU–Mercosur Agreement
...now widely regarded as obsolete, as extraterritorial jurisdiction appears antinomic within a Westphalian international order essentially built on territorial sovereignty. The upshot, for present purposes, is that directly regulating production practices within Mercosur territory would expose the EU to significant legal and diplomatic friction. Notwithstanding international law’s prohibitive tendencies toward extraterritorial jurisdiction, the Union has developed alternative means of influencing actors operating overseas, colloquially known as the “Brussels Effect.” The term, coined by Prof. Anu Bradford, describes the EU’s capacity to externalise its regulatory standards beyond its borders through market-access...10 May Kiobel Insta-Symposium: Kiobel Contradicts Morrison
only, committed in violation of the law of nations.” If the ATS does not sufficiently indicate extraterritorial application, certainly neither does § 78aa. And if the district court in Morrison “had jurisdiction under 15 U.S.C. § 78aa” over claims involving extraterritorial activity—as the Supreme Court explicitly said it did—then the district court in Kiobel also should have “had jurisdiction under [the ATS]” over claims involving extraterritorial activity. Having decided, correctly in my view, that the conduct-regulating rule under the ATS comes from international law, the Court essentially painted itself into...
03 Mar Rescue at Sea and the Establishment of Jurisdiction: New Direction from the Human Rights Committee? Part I
...a significant development in the interpretation and application of extraterritorial jurisdiction in rescue operations on the high seas. For the first time, a human rights body has affirmed that the relationship of dependency between persons in distress and States receiving calls for assistance is sufficient to trigger extraterritorial jurisdiction and consequent application of the International Covenant on Civil and Political Rights (ICCPR). In this note, we will examine the claims of the complainant, the findings of the HRC, and will close by addressing the ramifications of the decision on human...25 Nov Stewart Mini-Symposium: From the ATS to Corporate Criminality under ICL — Mind the Gap
...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...
29 Sep Symposium on the Current Crisis in Myanmar: Innovating Avenues for Justice and Accountability
...criminal charges in what way might these donations be considered a breach of directors’ duties? Likewise, consider potential prosecution for breaches of sanctions on Myanmar. At the time of the February 2021 coup, Australia, Canada, the European Union, the United States, and the United Kingdom all had pre-existing sanctions related to the 2017 atrocities against the Rohingya. While these sanctions clearly didn’t prevent the coup, policing and prosecuting sanction breaches can give sanctions proper ‘teeth’. Such breaches are strict liability offences the US and Australia. What entities might be further...