Search: extraterritorial sanctions

19 Dec Mute Swans, Non-Abrogation, and Charming Betsy

...that -- I haven't studied the history closely). I'm not aware of an example where the Clinton Administration took that view, although, again, I'm hardly familiar with every case where it might have come up. To clarify: Of course it is the case (and the Clinton Administration said so) that certain treaties do not establish binding rules of conduct (e.g., criminal sanctions) for private parties without further statutory or regulatory action. But the question in this case is whether the treaty imposes an obligation on the Executive branch itself (and,...

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...

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...

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...

08 Mar Territoriality

as the extraterritorial application of statutes, the rise of universal jurisdiction, and the “dollarization” of less developed countries, those borders remain fundamentally important in areas such as immigration and enforcement jurisdiction. Moreover, in each area in which territoriality has declined, the reasons for decline have differed. The abandonment of national currencies has been driven by economic motivations and competitive forces, while the extraterritorial application of statutes has been driven more by changes in ideas, with the evolution of approaches to extraterritoriality paralleling changes in thinking about the conflict of laws....

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...

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...

27 Jul Does It Matter Whether the Constitution Follows the Flag?

...Take the dramatically expanded level of extraterritorial law enforcement activity nicely documented in the book. To the extent the courts haven’t found the Constitution to apply to such activity (see Verdugo-Urquidez), the doctrine looks like a reflection and an enabler of US hegemony. If the DEA wants to break someone’s door down overseas without any procedural protections, the domestic courts won’t stand in the way. Through this optic, it looks like open season for cops across borders. But international law is catching up to US-style rights on this score as...