Search: extraterritorial sanctions
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...
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...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...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...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...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...25 Jun Morrison and Extraterritoriality: More Thoughts
required from Congress or whether legislative intent to regulate extraterritoriality can be ascertained in other ways, the Court’s decision seems a step in the right direction. A patchwork of incompatible rules has governed issues of extraterritoriality. Although many scholars are nervous about a broad reading of the presumption against extraterritoriality, Morrison reaffirms the continuing importance of that canon of construction and should therefore make it easier for lower courts to apply. More importantly, the case should temper the excesses of a broadly read effects test, which in recent years has...