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...
24 Sep Too Little, Too Late? On the Meaning and Consequences of the Recognition of the State of Palestine
...and hard resources. Some States have made important moves, including South Africa and Nicaragua at the ICJ. Still others, like Spain and Belgium have imposed limited sanctions on Israel. But if the last 23 months of genocide shows us anything, it’s that the vast majority of other States – friend and foe alike – are still either unwilling or unable to do what is required to save the Palestinian people, no matter how bad things get. Second, Palestine lacks the fundamental material, economic and human resources to defend itself. It...
20 Feb Assessing Syria’s Progress Since Assad
...a 2025 World Bank report, Syria’s economy has been severely damaged by 14 years of conflict and international sanctions, with GDP shrinking by more than 50 percent since 2010. Around 16.5 million Syrians need humanitarian assistance, and nearly 90 percent of the population lives below the poverty line, while about 60 percent suffers from food insecurity. Reconstruction costs are estimated at approximately $216 billion, nearly ten times Syria’s current annual GDP. The most notable positive impact on economic prospects was the gradual lifting of U.S. sanctions. In May 2025, Donald...
12 Aug Should the ICC Allow the United States to Become a State Party?
...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...
08 Mar Debunking the Role of International Law in the Ukrainian Conflict
...such a resolution only holds political weight, and is not legally binding. The US, UK, EU, Japan and Switzerland have resorted to imposing unilateral sanctions on a number of Russian oligarchs and Russian banks (removing them from SWIFT), as well as on the Russian Head of State, Vladimir Putin, and the Russian Foreign Minister, Sergei Lavrov, however, not all states have imposed the same sanctions (with the UK’s imposition being particularly slow), the legality of such autonomous sanctions is debatable under international law, and also their effectiveness is not fully...
12 Feb The Need for Specific International Legal Protections of Journalists
...has monitored Malta’s investigation and is threatening more action if Malta’s investigation is compromised. In regards to Saudi Arabia and Russia, there have been mixed actions. For Saudi Arabia, the US enacted sanctions in response to the murder of Khashoggi and has threatened further action if Saudi Arabia does not pursue proper justice. There has been some concern whether Trump is doing enough, because many feel Trump has not taken a harsh enough tone against Saudi Arabia. The EU has called for more transparency and is threatening sanctions. Regarding the...05 Apr NYU JILP Symposium: New Thoughts about Barayagwiza: Reactions to Policing International Prosecutors
...first adopted in Barayagwiza. Rather, it favors a more nuanced array of sanctions that can be calibrated to specific prosecutorial errors. She argues that the absolutist position does violence to the interests of victims, the desires of the international community and potentially the quest for peace and reconciliation. These values should not be sacrificed to generate greater prosecutorial discipline. Instead of adopting such blunt sanctions, Professor Turner ably argues that international courts and tribunals should consider and deploy a wider variety of sanctions, which can be better married to the...11 Jun Facebook’s Answers to Questions about its Human Rights Policy
...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...