Search: extraterritorial sanctions
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...05 Jun Marko Milanovic on Self-Defense
...involve targeted killings. The first scenario is one of extraterritorial killing, and the territorial state (Pakistan) has not consented to the use of force within its boundaries. The second scenario is also extraterritorial, but the territorial state has in fact consented. The third scenario is likewise extraterritorial, but the killing does not take place on the territory of any state. Finally, the fourth scenario is intraterritorial. So, what does international law have to say about these scenarios of targeted killing, again all of which take place outside armed conflict? I...16 Feb Conspiracy and the New Hamdan Argument
Jordan Response... And what would be the Exec. attempted justification for the extraterritorial reach of a so-called "U.S. common law" that quite obviously could not be binding under customary laws of war or treaty-based laws of war or other customary or treaty-based law on the foeign accused? No jurisdiciton still. John C. Dehn Jens and Jordan, I have never finished the companion article to my JICJ article explaining the U.S. "common law" approach to punishing war crimes. However, Jordan is on track regarding the focus of the article -- which...17 Apr Kiobel Insta-Symposium: When Can the Presumption Against Extraterritoriality Be Rebutted?
also overcome the presumption in particular ATS cases: “claims that touch and concern the territory of the United States . . . with sufficient force to displace the presumption against extraterritoriality.” The Court’s new presumption—which is, in effect, a “presumption against recognition of extraterritorial causes of action under the ATS”—thus appears to be different from the standard Morrison-style presumption against extraterritoriality in at least three ways: (1) the presumption’s coverage (the new presumption applies narrowly to recognition of extraterritorial causes of action by federal courts under the ATS, whereas the...25 Jun Morrison and Extraterritoriality: More Thoughts
required from Congress or whether legislative intent to regulate extraterritoriality can be ascertained in other ways, the Court’s decision seems a step in the right direction. A patchwork of incompatible rules has governed issues of extraterritoriality. Although many scholars are nervous about a broad reading of the presumption against extraterritoriality, Morrison reaffirms the continuing importance of that canon of construction and should therefore make it easier for lower courts to apply. More importantly, the case should temper the excesses of a broadly read effects test, which in recent years has...02 Oct Kiobel Roundtable: What is the Purpose of the ATS? Should That Matter?
pirates on the high seas, and therefore should apply to modern day analogues to pirates (“Hitler, Inc.”); 2) The ATS was applied extraterritorially in Filartiga or similar cases, and therefore should continue to be read to do so. The second argument doesn’t get you all that far, since the extraterritoriality issues weren’t raised in those cases, or in Sosa. Only the first argument offers a theory of the ATS’ purpose, but that theory fails to draw on actual historical evidence about the ATS. The best evidence is not any case...
02 Feb International Economic Law Symposium: Emerging Powers and International Economic Governance–More Promises, More Risks or Irrelevance?
...of human rights of home states, Buser suggests that the incorporation of extraterritorial obligations of human rights can guide the reform of international economic law to the direction of achieving better global justice. This extraterritorial human rights-based approach is helpful to persuade great powers, including emerging powers to balance the pursuit of their own state interests and the promotion of welfare of individuals around the world. I wonder, however, that it can serve as a major approach towards delivering more global justice. First, as Buser notes, the work of the...18 Apr Kiobel Insta-Symposium: What Remains of the ATS?
...extraterritoriality, the statute itself “would need to evince a ‘clear indication of extraterritoriality” . . . and surely it’s difficult to read the language of the ATS to draw the sorts of distinctions that would “displace” the presumption in such categories of cases. Moreover, the Court at several places indicates that the question it is addressing is whether causes of action can be brought “for violations of the law of nations occurring abroad.” To be sure, a future court could certainly point to such passages in the Kiobel opinion as...