Search: extraterritorial sanctions
30 Jun Morrison: The Fastest Reversal Ever (?) of a U.S. Supreme Court Decision
and Consumer Protection Act that was passed out of a House-Senate Conference Committee last week seems to provide just the clear statement of congressional intent for extraterritorial jurisdiction of securities law cases that the Court in Morrison was demanding. Assuming no hiccups, that bill should reach President Obama’s desk any day now. Starting on p. 1330 of this version, (b) EXTRATERRITORIAL JURISDICTION OF THE ANTIFRAUD PROVISIONS OF THE FEDERAL SECURITIES LAWS.— (1) UNDER THE SECURITIES ACT OF 1933.— Section 22 of the Securities Act of 1933 (15 U.S.C. 77v(a)) is...
14 Jul The Business of Security: New Frontiers and Old Challenges in Private Military and Security Companies Regulation – Introduction to the Symposium
...natural persons. As for criminal prosecution, it is essential that the draft affirms States’ authority to prosecute and sanction legal and natural persons independently, and that all modes of criminal responsibility, beyond mere commission and ordering, are explicitly recognized and regulated. The responsibility of commanders and superiors, particularly in cases involving crimes under international law, must be established, alongside clarified grounds for jurisdiction that include both territorial and extraterritorial bases. Extraterritorial jurisdiction is key to allow victims to obtain justice, especially when PMSCs and their personnel operate in States with...
14.07.25
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Gabriella Citroni, Chiara Gabriele, Danaé van der Straten Ponthoz and Julie Bardèche
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14 Dec Symposium: Walking the Fine Line between Apology and Utopia: A Reply to Trahan, Helal, and Schabas on A Duty to Prevent Genocide–Due Diligence Obligations among the P5
...that, “Dr. Heieck uncritically accepts this conclusion.” While the Bosnian Genocide case was the starting point of my analysis, it is an unfair assessment to state that I “uncritically accepted” the Court’s conclusion regarding the extraterritorial application of the duty to prevent genocide in Article I of the Genocide Convention. On pp. 34-39 of my book, I explain in detail why the ICJ’s adoption of the “capacity to effectively influence” was appropriate (and indeed, required) with respect to satisfying the objective linkage element of the due diligence standard of the...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...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...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...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...