In association with the International Commission of Jurists

Search: extraterritorial sanctions

19 Dec

...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,...
19.12.06 | |

06 Jun

...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...
06.06.06 | |

14 Aug

...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...
14.08.05 | |

01 Nov

...right-wing (and left-wing) academics, in and out of Israel, whose opinions I would think repulsive. Academic freedom means that my opinion on the matter can't be a basis of sanctions. This is why I firmly stated that Prof. Salaita's "unhiring" was an academic freedom breach (even though I do find his expressed -- not "silent" -- views repulsive); and it applies equally here. Kevin Jon Heller David, Thanks for your comment. I think perhaps my rhetoric got the better of me -- having thought about it, "vast majority" was a...
01.11.15 | |

22 Mar

...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...
22.03.11 | |

27 Oct

...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...
27.10.06 | |

09 Mar

...the country on the other side to issue sanctions against the US or declare war on it. That's what "violation of international law" means. It shouldn't stop anyone from doing the right thing. For example, the US should repudiate the various Drug War treaties which purport to demand that various drugs be made illegal. This would theoretically be a "violation of international law" and would theoretically be grounds for all the other countries in the treaty agreements to implement sanctions or declare war on the US, *but they wouldn't do...
09.03.15 | |

12 Apr

...those whose lives it claims to improve. Nor does it comply with international law. Foreign investment is subject to states’ international legal obligations. States – including the U.S. – have extraterritorial obligations that require them to respect and protect economic, social and cultural rights abroad and to take “joint and separate action” to achieve respect for, and observance of, universal human rights. The latter obligation is widely understood to confer on states, particularly those in the global north, a duty to ensure that international assistance is provided in accordance with...
12.04.22 | |

28 Jan

...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,...
28.01.14 | |

22 May

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...
22.05.06 | |

27 Jul

...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...
27.07.09 | |

08 Mar

...As the reporters’ notes to Section 431 (dealing with U.S. practice with respect to jurisdiction to enforce) explains, U.S. court orders to produce information located abroad “have not provoked the protests from other states that might be expected if such orders constituted extraterritorial exercises of jurisdiction to enforce.” In the Microsoft case, the fact that none of the foreign governments filing amicus briefs—including Ireland—has characterized the warrant in question as an extraterritorial exercise of jurisdiction to enforce seems conclusive. Dean Parrish directs most of his criticism at the Restatement (Fourth)’s...
08.03.18 | |