Search: extraterritorial sanctions
08 Mar Rights Beyond Borders
[Chimène I. Keitner, Associate Professor of Law, University of California, Hastings College of the Law; Co-Chair, American Society of International Law Annual Meeting] United States courts are not alone in confronting the question of whether certain domestic rights extend beyond the country’s territorial borders. Yet, the field of comparative constitutional law has largely ignored the question of extraterritoriality. My Article, Rights Beyond Borders, addresses that gap by examining recent case law from the United States, Canada, and the United Kingdom—three common law countries whose courts have grappled with claims by...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...04 Oct Events and Announcements: 4 October 2020 (Update)
...each week for these outstanding panels, but if not, do not despair, as the video will be available on the ASIL website for future use. John Hursh Stockton Center for International Law, U.S. Naval War College Call for Papers The Department of Legal Studies and the PhD Programme in European Law of the University of Bologna is pleased to announce a call for papers for a doctoral workshop on the topic of ‘The Extraterritorial Application of EU Law: A Contribution to Its Global Reach’ in Bologna on 18-19 March 2021. The scope of application...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...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...
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
|
Gabriella Citroni, Chiara Gabriele, Danaé van der Straten Ponthoz and Julie Bardèche
|0 Comments
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...
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...