Search: extraterritorial sanctions
16 Apr The Not Very Persuasive International Law Arguments in Favor of the Iran Visa Denial
...part of its obligations under UN Charter Article 56, point to the UN's own obligation to "promote...respect for...human rights," and then argue that these obligations take precedence over the US's own obligations under the UN Headquarters Agreement. That's the winning argument, right? Wow. Jordan The U.S. permits some civil sanctions against human rights violators in its courts and there is no S/L in customary international law. I see no reason why a visa denial could not be a proper sanction response even if other sanctions might be more onerous. Tyler...
13 Jan Mexico’s Civil Litigation Against US Gun Manufacturers and Dealers for Cartel Violence: Developing a Standard of Corporate Complicity in Gross Human Rights Violations
[Tomas Hamilton is an Assistant Professor in International Criminal Law at the University of Amsterdam. Marina Aksenova is an Assistant Professor in International and Comparative Criminal Law at IE University in Madrid.] In the ongoing civil suits in Mexico v Smith & Wesson & others and Mexico v Diamondback Shooting Sports Inc. et al, the Mexican government has brought claims against US gun manufacturers in Massachusetts and gun dealers in Arizona for extraterritorial harms suffered by the Mexican State in the context of cartel violence. The US district court judge...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...28 Jan Guest Post: Dodge–The Presumption Against Extraterritoriality Does Not Apply to Jurisdictional Statutes
...reach. The Supreme Court’s decision in Morrison v. National Australia Bank, 130 S. Ct. 2869 (2010), confirms the distinction between substantive statutes to which the presumption against extraterritoriality applies and jurisdictional statutes to which it does not. In Morrison, the Court used the presumption to limit a substantive provision of the Securities Exchange Act, finding “no affirmative indication in the Exchange Act that § 10(b) applies extraterritorially.” Id. at 2883. But notably, the Court did not apply the presumption against extraterritoriality to the Exchange Act’s jurisdictional provision. To the contrary,...17 Oct What Congress Should Take From Hamdan
...Post Facto Clause of the U.S. Constitution that it prohibits prosecutions for actions that were not criminal at the time they were taken. The application of the Ex Post Facto Clause is especially noteworthy here because it had been something of a question whether the U.S. Constitution (other than the Suspension Clause the Supreme Court recognized guaranteed the Guantanamo Bay detainees a constitutional right to seek a writ of habeas corpus) applied to non-citizens held at Guantanamo Bay. While stopping short of answering the question of extraterritorial application directly, the...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...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...
05 Feb The African Union (Rightly) Endorses Pure Sovereignty in Cyberspace
...States.” The most important consequence of pure sovereignty is that it prohibits states from engaging in extraterritorial cyber-espionage. The Tallinn Manual 2.0 claims that because international law does not regulate such espionage in the physical realm, it does not regulate it in the cyber one. Most scholars take the same position. Russell Buchan and I, however, have argued precisely the opposite — that international law prohibits extraterritorial espionage in both the physical and cyber realms. We now have 55 more states that agree with us. The African Union’s communique is...
10 Nov An Appeal to Address the Failure in Preventing Genocide in Gaza through the International Court of Justice
...(para. 432). An Extraterritorial Duty It should be noted that the duty to take measures to prevent genocide, as an erga omnes obligation, is an extraterritorial task that exists regardless of territory or a specific link to the state in question. Therefore, all states party to the Genocide Convention, which also have influence on Israel through political and economic connections, have a well-established duty to prevent the commission of genocide in Gaza. One may argue that the current situation in Gaza does not definitively constitute the crime of genocide. However,...