Search: extraterritorial sanctions

...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...

...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...

Opinio Juris and EJIL: Talk! are happy to announce that over the next few days we will both be hosting a discussion of Marko Milanovic’s recently published book: Extraterritorial Application of Human Rights Treaties: Law, Principles and Policy (Oxford Univ Press). Marko’s book examines the question when a State owes human rights obligations under a treaty to persons located outside its territory. This is a question on which there has been conflicting case law and much confusion. This [book] attempts to clear up some of this confusion, and expose its...

...sovereignty as much as a necessary feature of sovereignty—something inherent in the Westphalian system. Bill’s second point builds on his own expertise on statutory extraterritoriality, and I certainly defer to him on the particulars here. He thinks I overstate the motivating role of leveling the playing field for American firms, and slight both the role of consumers and the ways that extraterritorial application sometimes harmed American firms, as in the Foreign Corrupt Practices Act. I agree that leveling was not the only factor. I also agree that the FCPA is...

...by the negotiating history. . Indeed, the draft text of Article 2 under consideration by the Commission on Human Rights in 1950 would have required that states ensure ICCPR rights to everyone “within its jurisdiction.” The United States, however, proposed the addition of the requirement that the individual also be “within its territory.” Eleanor Roosevelt, the U.S. representative and then-Chairman of the Commission emphasized that the United States was “particularly anxious” that it not assume any extra-territorial obligations. She explained that “[t]he purpose of the proposed addition [is] to make...

...have seen deeper discussion of the more fundamental issues at play here. Although contractors may appear to be “integrated into combat activities” as Judge Silberman claims in his majority opinion, how truly integrated can contractor personnel be when they are not subject to military command authority with the penal sanctions faced by military members for disobeying, can quit whenever they really don’t like something they’ve been told to do or not do, and ultimately do not enjoy combatant immunity for their otherwise criminal acts? Laura’s discussion would have benefited from...

...the above-mentioned principles of international law:  Unauthorized intrusion of airspace by aircraft; Unauthorized crossing of borders by the military forces; Extraterritorial enforcement of jurisdiction (for example, the Eichmann case); Unauthorized covert intelligence operations (for example, the “Rainbow Warrior” incident) Any unauthorized intervention in state internal affairs;  The principle of territorial integrity also contains a specific rule regarding the border itself: the inviolability of frontiers. The rule has been elaborated in multiple documents, especially in those relating to the European and post-Soviet context such as: the Helsinki Final Act of 1975...

...is considering trade sanctions against the Netherlands because of stickers printed by far-right politician Geert Wilders which display anti-Islam slogans in the colors of the Saudi flag. Russia came under heavy criticism at the WTO from several of its trading partners, who raised sharp questions over whether Moscow – one of the global trade body’s newest members – is indeed adhering to the international trade commitments that it took on less than two years ago. The West should impose tougher sanctions on Russia, which is waging a “hidden war” in...

...not relieve him from responsibility under international law.” Should these recognitions of nonimmunity for international crimes still prevail today? With respect to civil sanctions as well as criminal sanctions? Are they in jeopardy? What should be done to correct deviant practices globally and/or in the United States? 2. The majority opinion in the ICJ’s Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium) concluded that a sitting Minister of Foreign Affairs “when abroad enjoys full immunity from criminal jurisdiction and inviolability” in another...

...and (3) it is not clear why it should never be acceptable to tolerate a “great evil” in the name of peace. The essay then discusses two basic problems with his proposals for horizontal pluralization, focusing on his support for non-punitive collective sanctions: (1) in order to avoid being retributively unjust, collective sanctions would have to be imposed using the same liberal-legalist procedures that paralyze international criminal trials; and (2) only retributively unjust collective sanctions could effectively deter mass atrocity. As always, comments are welcome and would be most appreciated....

...‘‘savages’,’ and even international law. It must be pointed out that the UK, and the US, the core of Israel defence in international platforms, were the last supporters of Apartheid South Africa, a support they gave despite stiff opposition from African countries. Incidentally, it was during those years that the West purported to impose sanctions on countries that were accused of tolerating or undertaking ethnic cleansing, human rights violations, or violations of international law. Western sanctions, that were construed in terms of human rights protection, thus became tools of enforcing...

...a useful role in standard setting and, when those standards are not adhered to, in imposing sanctions or counter measures. Whether those sanctions and counter measures are effective for the use of force is reflective of political will rather than a deficiency in the law. During its annexation of Crimea, Russia attempted to use international law to shield its actions from scrutiny and avoid consequences for breaching the prohibition on the use of force. Rather than marking a failure of the law, the Crimean situation highlighted that even though international...