Search: extraterritorial sanctions
09 Dec Nobel Prizes and Power: The UN, International Law, and Hegemony, Part 2
...to veto by, in this case, Russia. Even if sanctions are imposed, will the UN be able to keep them in place? As the oil-for-food scandal makes clear, sanctions create a powerful moral hazard by raising the price of goods and creating the opportunity for huge profits, encouraging defection and cheating. Regardless of whether you agree with the logic of the invasion of Iraq, there is an important lesson there that is relevant to the problem of Iran. If the UN is unwilling or incapable of enforcing its own rules...28 Sep Kiobel and the Resurgence of the Traditional Bases of Jurisdiction in the Alien Tort Statute
...domestic one with a weirdly constructed trigger, invoking a “law of nations” that we don’t mean the way other people mean it, argues strongly for a traditional approach to jurisdiction – it’s not universal jurisdiction anymore, because we’re not pretending that our reference point is actually universal, but instead merely a claim of extraterritoriality. So it doesn’t seem quite so strange that the Chief Justice would invoke the presumption against extraterritoriality, because the thing, the statute, that plaintiffs propose to apply extraterritorially isn’t truly a claim of universality, either. Nor...12 Jun The Territorial Reach of the Constitution
Marko Milanovic Roger, I also it might be useful to compare the extraterritorial applicability of the Constitution with jurisprudence on the extraterritorial applicability of human rights treaties, which poses very similar questions. Generally speaking, human rights treaties apply to territories under a contracting state's 'jurisdiction', defined in a leading European Court of Human Rights case, Loizidou, as any area under the state's effective overall control. You will certainly have noted that Justice Kennedy uses the word 'jurisdiction' in this functional sense as an exercise of power throughout his opinion. (see...21 Dec LJIL Symposium: A Response by Samantha Besson
Alexander Panayotov The discussion is illuminating. I can hardly imagine a better panel to discuss Prof. Besson’s article given panelists’ recent contributions on different aspects of extraterritoriality. It’s hard to establish a consensus on extraterritoriality. I don’t think that such a consensus is even possible. Still, the introduction of normative theorizing raises a couple of open-ended questions. I will pose them because I think that normative theorizing about extraterritoriality is exceedingly difficult; thus, it entails a great deal of groundwork. I imagine that the article did not engage in this...07 Apr The U.S. Embargo on Cuba Should Be Lifted, But It is Not a Blockade, and Perfectly Legal
...of Cuba’s argument that the U.S. embargo violates international law. I still think Cuba’s description of the U.S. embargo as a “blockade” is ludicrous. But I am more sympathetic to legal criticisms of the extraterritorial effects of the U.S. embargo. First, as the photo suggests, Cuba calls the U.S. embargo a “blockade”. Indeed, the billboard (which faces visitors as soon as they drive in from the airport), refers to the “bloqueo” as the “longest genocide in history.” This might be put down simply to rhetorical excess, but the Cuban government...11 Mar Kiobel and Extrajurisdictionality
...1795 Opinion of the AG obviously affirmed expectations that the ATS is extraterritorial, applying to conduct of U.S. citizens on the coast of Africa. Moxon and Bolchos also affirm extraterritoriality when one recognizes the fact that foreign flag vessels are the equivalent of foreign territory under international law and tha conduct on such vessels is conduct in the territory of the flag, among other early cases. Adra was extraterritorial and the landmark Filartiga case was extraterritorial as have been so many cases post-Filartiga (especially Kadic, Presbyterian Church of the Sudan,...12 Mar The Security Council Workaround: How the Iran Deal Can Become Legally Binding Via a UN Security Council Resolution
...the UN Security Council resolution, but the legal and diplomatic costs would be much higher than withdrawing from a mere political commitment. Congress could also, unquestionably, override any domestic legal effects of a UN Security Council Resolution by passing a statute refusing to lift sanctions on Iran, or stopping the President from doing so. Diggs v. Shultz makes clear that a statute passed by Congress later in time than a Security Council resolution will have the force of law by operation of the last in time rule. But the legal...30 Jun Morrison: The Fastest Reversal Ever (?) of a U.S. Supreme Court Decision
and Consumer Protection Act that was passed out of a House-Senate Conference Committee last week seems to provide just the clear statement of congressional intent for extraterritorial jurisdiction of securities law cases that the Court in Morrison was demanding. Assuming no hiccups, that bill should reach President Obama’s desk any day now. Starting on p. 1330 of this version, (b) EXTRATERRITORIAL JURISDICTION OF THE ANTIFRAUD PROVISIONS OF THE FEDERAL SECURITIES LAWS.— (1) UNDER THE SECURITIES ACT OF 1933.— Section 22 of the Securities Act of 1933 (15 U.S.C. 77v(a)) is...04 Oct Events and Announcements: 4 October 2020 (Update)
...each week for these outstanding panels, but if not, do not despair, as the video will be available on the ASIL website for future use. John Hursh Stockton Center for International Law, U.S. Naval War College Call for Papers The Department of Legal Studies and the PhD Programme in European Law of the University of Bologna is pleased to announce a call for papers for a doctoral workshop on the topic of ‘The Extraterritorial Application of EU Law: A Contribution to Its Global Reach’ in Bologna on 18-19 March 2021. The scope of application...23 Apr Kiobel Insta-Symposium: Piracy – Not Just Kiobel’s Analogy
short of authorizing the prosecution of acts of piracy or armed robbery in Somalia’s territorial waters. Notwithstanding these provisos, the interest in preventing “unintended clashes between our laws and those of other nations which could result in international discord” (Morrison) that lies at the heart of the presumption against extraterritoriality, is greatly diminished in these piracy cases. Justice Kennedy notes in his concurrence in Kiobel that in disputes not involving solely extraterritorial conduct, “the proper implementation of the presumption against extraterritorial application may require some further elaboration and explanation.” Although...