Search: extraterritorial sanctions
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...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...
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...
15 Mar Polish-Lithuanian-Belarusian Border Crisis and Ius ad Bellum Part II
...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...25 Jan Wrap Up Discussion II
...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...17 May Book Discussion “Outsourcing War and Peace”: A View from Practice
...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...23 Aug Ruth Wedgwood on the Lockerbie Release, and the Politics of Security Council Resolutions
...policy began with the Bush Administration’s [Bush Sr.] decision in 1991-92 to judicialize the Pan Am 103 matter rather than to use force, in effect treating this Libyan act of terror like a domestic murder case, rather than the political-military attack that it was. Ruth remarks in her article that the Lockerbie trial chamber was organized under pressure of Security Council resolutions (SC Resolution 731 (1992) deploring Libya’s lack of cooperation with investigators, and SC Resolution 748 (1992) imposing sanctions on Libya): In response to the bombing, the Americans mobilized...26 Sep Iran’s Nuclear Program and International Law: From Confrontation to Accord
...and consideration of the JCPOA itself. Essentially, Chapter 7 of the book (also publicly accessible here on my SSRN page) is a full chapter-length review and analysis of the legal implications of the JCPOA, on issues including Iran’s safeguards obligations, and the economic sanctions levied against Iran by the U.N. Security Council and by the U.S. and E.U. acting unilaterally. The book thus follows the Iran case study through the period of confrontation between Iran and the West from 2002 through July 2015, setting this confrontation in its historical and...