Search: extraterritorial sanctions
29 Apr Kiobel Insta-Symposium: Deepening the Divide
...extent that state courts increasingly operate concurrently with federal courts as forums for the litigation of cases with extraterritorial elements, the disparate treatment of extraterritoriality issues under state and federal approaches becomes ever more problematic. And Kiobel seems likely to compound those problems, not only because it pushes another category of foreign-squared or -cubed cases into state court, but because it takes the federal law of extraterritoriality in a direction increasingly incompatible with state conflicts approaches. What do I mean by this? I see two main ways in which Kiobel’s...27 Mar The ATS and Extraterritoriality, Part II: Universal Civil Jurisdiction and Choice of Law
[Anthony J. Colangelo is an Assistant Professor of Law at SMU Dedman School of Law] I summarized in a previous post my arguments that the presumption against extraterritoriality should not apply to the ATS to the extent courts use international law incorporated into U.S. common law as the rule of decision. The presumption was raised explicitly by the brief of the UK and Dutch Governments in Kiobel and will likely be raised again. This post addresses three discrete but related issues that may arise going forward: 1. Whether the ATS’s...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...
05 Jul Is China Responsible for Health Crises Beyond Its Borders?
...here and here). Amid all these, an extraterritorial human rights obligation of China has remained somehow overlooked. The intra-territorial responses made by China to the coronavirus crisis specifically, and its (mis)handling of the sale and trade of live wildlife in general, failed to contain the transmission of a deadly virus across the world and, for the reasons set out below, are grossly incompatible with the country’s human rights obligations that are extraterritorial in nature. A brief outline of China’s extraterritorial health obligations States parties to the International Covenant on Civil...12 Jan Laurie Blank on the Rationales for Targeted Killing
...or the law governing the resort to force, hinders the development and implementation of the law going forward, and risks complicating or even weakening enforcement of the law. To the best of my knowledge, this is the first essay by an American scholar that carefully distinguishes between the two potential violations of international law involved in an extraterritorial targeted killing: (1) a violation of the attacked state’s sovereignty; and (2) a violation of the attacked individual’s right to life. As Blank shows, “self-defense” is relevant only to the first violation;...15 Mar YLS Sale Symposium: Sale’s Legacy– “Creative Legal Thinking” and Dynamic Interpretation of Refugee Law
...could hardly have been foreseen when the 1951 Refugee Convention was drafted. The US interdiction program in the 1990s constitutes a prime example. By geographically shifting migration control to block Haitian refugees on the high seas, it was argued that neither US nor international law applied. The majority of the Supreme Court in Sale not only upheld the government’s claim, it set off a proliferation of extraterritorial migration control practices. High sea interdiction programmes have since been introduced both in the Mediterranean and the Pacific. Migration control has further become...28 Mar The “American Tort” Interpretation of the Alien Tort Statute
...district courts for money damages in the event of harm to their persons or property when the United States had expressly or implicitly promised the aliens that no such harm would come to them. The ATS both provides a right of action and original jurisdiction in federal district court to aliens injured under circumstances implicating U.S. sovereign responsibility; it is therefore a federal law for purposes of Article III arising-under jurisdiction. Translated to a modern context, the ATS would plausibly be available to “extraterritorial” tort actions by alien detainees at...
28 Oct Fourth Annual Symposium on Pop Culture and International Law: Jurisdiction in Star Wars Andor – TWAIL Perspectives and Current Lessons . . . for a galaxy NOT so far away . . .
[Ernesto Hernández-López , is a Professor of Law at the Dale E. Fowler School of Law, Chapman University, in California, United States. He writes about international trade, extraterritoriality, and law and culture. @ProfeErnesto1] The Star Wars universe takes place “a long time ago in a galaxy far, far away…,” as it says in the opening screen of the movies. Since they began, the films use international law to emphasize conflict. The first released movie, A New Hope (1977), starts with a captain screaming we are “a consular ship” “on a diplomatic mission,” as he...06 Sep Targeted Killing Away from the Battlefield: A Response to Ken
...arbitrarily limited in this way, then it invites combatants to use territory outside of the “armed conflict” as a haven. Under some circumstances, for diplomatic or other political reasons, a state might choose not to attack even though participants are taking haven, but the reason is not a matter of the law of war jus in bello. To begin with, this is a caricature of Melzer’s position. He does not claim that combatants can be lawfully targeted only when they are on the battlefield; his discussion of the extraterritorial reach...