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Search: extraterritorial sanctions

01 Aug

...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...
01.08.09 | |

18 Oct

...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...
18.10.15 | |

01 Oct

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...
01.10.12 | |

16 Feb

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...
16.02.12 | |

17 Apr

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...
17.04.13 | |

23 Apr

short of authorizing the prosecution of acts of piracy or armed robbery in Somalia’s territorial waters. Notwithstanding these provisos, the interest in preventing “unintended clashes between our laws and those of other nations which could result in international discord” (Morrison) that lies at the heart of the presumption against extraterritoriality, is greatly diminished in these piracy cases. Justice Kennedy notes in his concurrence in Kiobel that in disputes not involving solely extraterritorial conduct, “the proper implementation of the presumption against extraterritorial application may require some further elaboration and explanation.” Although...
23.04.13 | |

28 Oct

[Ernesto Hernández-López , is a Professor of Law at the Dale E. Fowler School of Law, Chapman University, in California, United States. He writes about international trade, extraterritoriality, and law and culture. @ProfeErnesto1] The Star Wars universe takes place “a long time ago in a galaxy far, far away…,” as it says in the opening screen of the movies. Since they began, the films use international law to emphasize conflict. The first released movie, A New Hope (1977), starts with a captain screaming we are “a consular ship” “on a diplomatic mission,” as he...
28.10.24 | |

28 Jul

...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...
28.07.09 | |

01 Dec

Opinio Juris and EJIL: Talk! are happy to announce that over the next few days we will both be hosting a discussion of Marko Milanovic’s recently published book: Extraterritorial Application of Human Rights Treaties: Law, Principles and Policy (Oxford Univ Press). Marko’s book examines the question when a State owes human rights obligations under a treaty to persons located outside its territory. This is a question on which there has been conflicting case law and much confusion. This [book] attempts to clear up some of this confusion, and expose its...
01.12.11 | |

15 Mar

...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...
15.03.14 | |

12 Jan

...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;...
12.01.12 | |

06 Sep

...arbitrarily limited in this way, then it invites combatants to use territory outside of the “armed conflict” as a haven. Under some circumstances, for diplomatic or other political reasons, a state might choose not to attack even though participants are taking haven, but the reason is not a matter of the law of war jus in bello. To begin with, this is a caricature of Melzer’s position. He does not claim that combatants can be lawfully targeted only when they are on the battlefield; his discussion of the extraterritorial reach...
06.09.10 | |