Search: extraterritorial sanctions
14 Aug Does international law bind superpowers?
...again leaves international law at the mercy of powerful states. Why is it that the US, the EU, and Japan have been able to refuse to lift subsidies to their domestic industries in clear violation of WTO law? Because the aggrieved states are not powerful enough to impose retaliatory sanctions that would damage the violators sufficiently and make them change their ways. The US and EU are content to offer each other side payments so as to carry on with their patterns of subsidies, but when Cambodia or Mali wants...27 Oct WTO and Human Rights
...with sanctions in pre-war Iraq: the elites did not suffer, but the bulk of the population surely did). Cesare Romano Economies do play a role in meeeting the basic needs of peoples, and there would be a very real dimunition in human rights when people are poor and destitute. But human rights abuse is never a matter of economics, only of political decisions by governments. People in Iraq weren't suffering becase the sanctions tightened the Iraqi economy. They were suffering because of Saddam. Again, first get your HR straight, then...22 Mar Caution on the Private Manning letter
...I will await his reply. Peter Orlowicz So what precisely does the Convention mean by torture, if it doesn't include pain and suffering arising only from lawful sanctions? There's something circular about saying that the Convention doesn't apply to lawful sanctions, then determining particular treatment is an unlawful sanction solely by reference to the Convention. (Edit: Beaten to it by Mr. Lewis.) Michael W. Lewis Milan, You raise a good question that requires a much longer answer than a comment can provide. If you are interested in taking this up...06 Jun The Legal Case for Invading Iran
...right to enrichment as an arrogant insult from Western nations afraid of a high-tech Muslim nation. But it has signaled it would accept some limits. For the West, enrichment is the center of fears over Iran's intentions. Enrichment can produce either material for a nuclear warhead or fuel for a nuclear reactor. The latest proposal was revealed a week after Washington changed strategy on Iran and — in an apparent acknowledgment that it lacked support for sanctions against the Islamic republic — conceded to entering into direct talks with Iran...16 Jun Function Over Form
Many thanks to the Opinio Juris team for hosting this conversation, and to colleagues who have already offered such interesting and insightful posts. In this spirit of exchange, I’ve crafted comments that I hope will challenge and extend some of their observations, as we all continue to digest this momentous opinion on- and off-line. The benefit of continued reflection will no doubt reveal shortcomings in my preliminary reactions. My current research takes a comparative look at the application of constitutional protections to non-citizens when a government acts extraterritorially, so stay...22 May DRAM chips and the puzzling persistence of extraterritoriality
Administrative lawyers think that international antitrust is a particularly interesting form of bureaucratic cooperation. We see a world where antitrust has changed from a focus of international dissention – see the anger over the US assertion of extraterritorial jurisdiction and the effects test after WWII; note that it is the most cited American case in international law – to one where competition regulators meet their foreign counterparts and arguably conform their conduct to international norms, devised, for better or worse, by the regulators themselves. The constraints created by the international...03 Apr The Unattractive Question is Back: SCOTUS (Again) Considers Corporate Liability Under the Alien Tort Statute
...the Alien Tort Statute has extraterritorial reach needed to be resolved first, and sent the case back for re-argument the next term. That re-argued case eventually became the 2013 Kiobel decision sharply limiting the extraterritorial scope of lawsuits brought under the ATS to cases that “touch and concern” the territory of the U.S. The corporate liability issue was left fully argued and untouched. To be sure, since 2013, several other circuit courts have issued opinions on the corporate liability issue and all have split from the original Second Circuit Kiobel...
14 Nov Symposium on Erin Pobjie’s Prohibited Force: Use of Force as Family Resemblances – A Cautionary Take
...rule prohibiting intervention in the internal affairs of other states, the rules on territorial integrity banning extraterritorial enforcement action, international human rights law (and its extraterritorial application, as required), among others. By contrast, the finding of a violation of the prohibition to use force seems much more likely to create the expectation of a harsher response, than the violation of any other international rule. When all we see is nails, we are likely to only use a hammer. In sum, I suggest that the complex framework advocated in Prohibited Force...