Search: extraterritorial sanctions
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...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....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...18 Aug Emerging Voices: ‘Sovereignty in the Age of Global Terrorism’ What is the Role of International Organizations?
...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...16 Nov A Change (Back) We Can Believe In
...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...29 Nov The U.S. Gets Tough With North Korea: Bans Sale of IPODs
The U.S. government announced a tough new set of economic sanctions on North Korea today, banning luxury goods believed to be favored by Kim Il Jung and his personal supporters. According to the AP, the banned goods include: “ipods, cognac, Rolex watches, cigarettes, artwork, expensive cars, Harley Davidson motorcycles or even personal watercraft, such as Jet Skis.” These new sanctions are actually imposed pursuant to a particular provision in the October U.N. Security Council Resolution authorizing new sanctions after North Korea’s nuclear test. In theory, these sanctions are aimed at...
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...
21 Apr Symposium on International Conflict and Security Law: A Research Handbook – Response by the Editors
...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 –...
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Sergey Sayapin, Rustam Atadjanov, Nicolás Zambrana-Tévar, Noëlle Quénivet and Gerhard Kemp
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25 Sep Three Reasons Why the International Community Should Engage with the Situation in Belarus
...the top, helping persecuted Belarusians, and ready to hold responsible those who violate human rights. The President of the European Commission, Ursula von der Leyen, said that the EU will ‘reprogram money away from the authorities and towards civil society and vulnerable groups’, as well as EU States unanimously supporting sanctions on the Belarusian authorities. Thus, violations of human rights in Belarus should meet a proportional reaction from the international community, in the form of sanctions, or help for the victims of persecution. Right to self-determination Secondly, according to the...
23 Jun Revisiting International Cooperation on Illicit Trafficking by Sea: Indonesia and the Final Voyage of the M/V Wise Honest (Part II)
...for example the procurement of DPRK-origin coal, or its STS transfer. Without domestic implementation, Setyamoko was able to successfully request the return of the illicit coal aboard the M/V Wise Honest (Case No. 682/Pid.B/2018/PN.BPP) and obtain authorisation to re-export the coal in breach, once again, of UNSC Resolutions and Indonesia’s obligations (below). As summarised by the Sanctions Committee: “The decision by the District Court to release the illicit coal and approve its re-export by the same broker who had facilitated the illegal transaction once again demonstrates the clear need for...