Search: extraterritorial sanctions
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...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...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...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;...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...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...01 Oct Kiobel Oral Argument: Why the ATS as We Know it is in Jeopardy
willing to make more concessions, such as the possible need to exhaust local remedies. The bad news is that the swing Justices did not appear to be buying the argument that the arrows currently in the quivers of the courts are enough to limit the reach of the ATS. As for extraterritoriality, Hoffmann’s key argument was that the presumption against extraterritoriality is overcome where the purpose of the statute requires its extraterritorial application. The presumption, he argued, “would undermine the very purposes of the statute” which is “the best evidence...18 Oct Events and Announcements: October 18, 2015
...extraterritorial safeguards against torture, accountability for extraterritorial acts of torture, non-refoulement, and rules pertaining to the prohibition in times of armed conflict. A flyer is attached with additional information about the report and the side-event. The flyer is also available here. On the occasion of the publication of the second edition of Helen Duffy’s book ”The War on Terror’ and the Framework of International Law’ the T.M.C. Asser Instituut, in cooperation with the International Centre for Counter-Terrorism – The Hague and the International Humanitarian and Criminal Law Platform, proudly present...01 Aug Brad Roth Demurs: ‘This is a fundamental mistake’, he says …
...secondary boycotts. Yet some of the same scholars who embrace restraints on those categories of exertions by individual states or coalitions of the willing” appear to see national courts’ exercises of extraordinary extraterritorial jurisdiction, nullifications of the immunity of foreign officials, and creative circumventions of nullum crimen sine lege as not only exempt from the pitfalls of such unilateral executive measures, but actually as a peace-building and law-developing alternative to such executive measures. This is a fundamental mistake. Extraterritorial prosecution of foreign-state actors and forcible impositions upon foreign political communities...10 May Is This the Model of a Viable Post-Kiobel ATS Lawsuit?
...beatings; sleep deprivation; sensory deprivation; forced nudity; stress positions; sexual assault; mock executions; humiliation; hooding; isolated detention; and prolonged hanging from the limbs. All of the Plaintiffs are innocent Iraqis who were ultimately released without ever being charged with a crime. They all continue to suffer from physical and mental injuries caused by the torture and other abuse. CCR makes a strong argument in the relevant brief that Al Shimari is precisely the rare ATS lawsuit that can survive Kiobel. First, CCR argues that Kiobel‘s presumption against extraterritorial application of...