Search: extraterritorial sanctions
24 Nov Why Is the New Agreement Between P5+1 and Iran Not Void?
...if states A and B had a treaty on free trade, and the UNSC then imposed trade sanctions on B, A would no longer have a treaty obligation to allow trade with B because the resolution would prevail over the treaty, but that obligation would revive as soon as the UNSC removed the sanctions. So, in short, what needs to happen here is for the UNSC to bless the temporary deal; once that is done the agreement can be implemented. Kevin Jon Heller Hi Marko, Martin Holtermann said the same...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...22 Jan Is Boehner’s Netanyahu Invite Unconstitutional?
...First of all, the notion that all issues of foreign relations are exclusively within the province of the Executive Branch is plainly wrong. The Constitution grants Congress the power to “To regulate Commerce with foreign Nations.” Seems pretty clear that foreign policy looms large in any exercise of that power. There are currently trade sanctions against several countries, including Cuba, and all were passed by Congress. Congress is currently considering a sanctions bill against Iran. That seems to me squarely within those Constitutional powers. I don’t think anyone would seriously...16 May Book Discussion “Outsourcing War and Peace”: Too Many Gaps – The Need for a Better Accountability Framework for Private Military and Security Contractors
...is the most obvious: pursuing criminal prosecutions or civil tort suits against contractors who commit abuses. With regard to criminal prosecution, our current system of enforcement is seriously flawed in a number of respects. To begin with, there are gaps in the Military Extraterritorial Jurisdiction Act (MEJA), the primary law that gives U.S. courts the power to try contractors when they are accused of committing serious abuses. That statute does not clearly govern contractors who work for agencies other than the Defense Department, such as the State Department contractors involved...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...02 Jun Case of the Month: United States v. Juvenile Male 1
...documents and the court granted the juvenile’s application for subpoenas duces tecum. But the Navajo nation refused to provide the documents. Why? Navajo lawyers argued that the subpoena would be ignored because “the Navajo Nation is a separate sovereign nation, and as a matter of public policy, foreign subpoenas issued from neighboring sovereigns are not honored.” Instead of complying with this foreign order the juvenile should follow a “routine procedure for domestication of extra-territorial subpoenas through the Navajo Nation courts.” The court granted a second motion to compel, but the...
04 Feb ICC and Palestine Symposium: Mind the Gap– The ‘Palestine Situation’ before the ICC
...acquiesce lightly to the extraterritorial jurisdiction of Israeli military and civilian courts in the West Bank. Against the backdrop of the current Israeli administration’s intention to annex large swathes of the West Bank and East Jerusalem, the de facto exercise of Israel’s extraterritorial jurisdiction is gradually absorbing Palestinian land within the Israeli state; if this remains unchallenged, the process of conquest through an expansion of jurisdiction could become irreversible, clearly contravening international law. Taking the example of Israeli settlements in occupied Palestine (which are a “flagrant violation under international...