Search: extraterritorial sanctions
25 Oct The Inter-American Court’s Advisory Opinion on Asylum and Its Impact for the Human Rights of Refugees Worldwide
...human rights system. This will be the focus of this piece. The Inter-American Court, taking into consideration all asylum treaties, and, in particular, the Geneva Convention relating to the status of refugees of 1951, has held that the right to seek and receive asylum through recognition of refugee status “sets certain specific obligations upon the State: i) the obligation of non-refoulement and its extraterritorial application; ii) the obligation to allow to file asylum applications and not to push back at the border; iii) the obligation not to criminalise or sanction...16 Dec Using State Tort Laws to Combat Terrorism Abroad
million against Iran. But it did so on the basis of state tort laws for wrongful death, battery, and the intentional infliction of emotion distress. That’s right, the state tort laws of Georgia, Florida, North Carolina, New York, Texas, Virginia, and the District of Columbia were applied extraterritorially to combat terrorism in Beirut. Notably absent from this decision, or any other Dammarrell decision, is the word “extraterritorial.” There was absolutely no discussion of the presumption against extraterritoriality for this patchwork of state tort laws. I am a strong advocate of...09 Jun Emailing Does Not Pass the Kiobel Test: US Court Dismisses ATS Case Against Anti-Gay Pastor
Distracted by #ComeyDay and other international crises, I missed this recent U.S. federal court decision in Sexual Minorities of Uganda v. Lively, dismissing an Alien Tort Statute lawsuit on Kiobel extra-territoriality grounds. While using unusually critical language to denounce U.S. pastor-defendant Scott Lively’s involvement in Uganda’s anti-homosexual laws and actions, the U.S. District Court for Massachusetts held: …Defendant’s status as an American citizen and his physical presence in the United States is clearly not enough under controlling authority to support ATS extraterritorial jurisdiction. The sporadic trail of emails sent by...14 Dec Alaskan State Criminal Statute Applied in Canada
If someone sexually assaults a woman in Canadian territorial waters, where would you expect that person to be prosecuted? Why, in Alaska of course. Earlier this week the Alaska Supreme Court rendered an unusual decision in State v. Jack addressing the question of whether a state criminal statute against sexual assault could be applied extraterritorially to prosecute someone who committed the act in the territorial waters of Canada. I’m all in favor of prosecuting persons who commit sexual crimes in Canadian territorial waters. But the question is, by whom and...
19 Oct The Cruel (Yet Effective) Tutelage of Defeat: A Case for More Transparency on IACHR Admissibility Decisions
...and requests rejected by the Commission (and its gargantuan workload) by sheer virtue of more readily available knowledge and less room for educated guesswork among its users. A few weeks ago, a scholar and practitioner I greatly admire (and whose knowledge of international law is exceptional) expressed their doubts as to the reasons why a petition against the US at the IACHR had being rejected. The petition itself -from what was disclosed- had to do with claimed responsibility for extraterritorial violation of human rights as a consequence of military/law-enforcement activities...
04 Feb The Argentinian Exercise of Universal Jurisdiction 12 Years After its Opening
...and seek justice. However, to open the Cause, Argentina had to resolve several preliminary issues: the characterization of the crimes, the prevalence of Spanish courts’ jurisdiction, and the possibility to prosecute the crimes according to domestic law. In this regard, Argentina stated that the facts constituted international crimes covered by the principle of universal jurisdiction. It established that no investigation was being carried out in Spain for the same facts or crimes; thus, other countries could prosecute those responsible. It explained the need for extraterritorial jurisdiction, referring to the obligations...
13 Jan The Mighty Apple, Google, Tesla, Dell and Microsoft in “the dock” – A Look At the Child Labour Lawsuit
...and the demonstrable hostility in the DRC” against anyone who is critical of the government or anyone who is perceived to be “attacking the mining industry” are prohibitive factors. Using the Trafficking Victims Protection Reauthorization Act (TVPRA) the plaintiffs submit that the US is the appropriate forum as there is a legal basis for extraterritorial jurisdiction. The IRA bolster their jurisdictional argument by stating that, “the policymaking that facilitated the harms Plaintiffs suffered was the product of decisions made in the United States by Defendants…This case is brought under the...
14 May Did They Forget Something? Georgia v Russia (II) and Property Rights
...breakaway region of South Ossetia in August 2008 (More on the facts here). Even though the Court found numerous violations of human rights committed by Russia after the cessation of active hostilities and signing of a ceasefire agreement on 12 August (the right to life, prohibition of inhuman and degrading treatment, the right to property and housing rights, the right to liberty and the freedom of movement), the judgment has been criticised (e.g. here and here) due to the Court’s determination that Russian Federation did not exercise extraterritorial jurisdiction during...