Search: extraterritorial sanctions
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...
28 Jul Transnational ne bis in idem for Corporate Involvement in International Crimes: The Lafarge Proceedings in the U.S. and France
...court would be based on extra-territorial jurisdiction. In the event that the ambit of the constitutive facts is understood in this way, not extending to the activities of the Lafarge corporation and its executives initiated in France, this leave open the possibility that defendants would argue for ne bis in idem on those charges. Alternatively, a French court might consider that its jurisdiction over crimes against humanity is inherently extraterritorial and therefore those charges can be subject to the transnational ne bis in idem principle. This could be the case...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...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...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...01 Dec Milanovic Book Symposium
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...28 Jul Preliminary thoughts on the posts
...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...