Search: extraterritorial sanctions
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 Jul Book Discussion: Kal Raustiala’s “Does the Constitution Follow the Flag?”
...foreign policy, Kal Raustiala traces the evolving concept from post-revolutionary American to late-nineteenth century imperialism, the Cold War, and our own era of globalization. He closes with a powerful explanation of America’s attempt to increase its extraterritorial power in the contemporary world. As American power has grown, its understanding of extraterritorial legal jurisdiction has expanded too. Throughout, Raustiala focuses on how the legal limits of territorial sovereignty have been tweaked to accommodate the expanding American empire. In addition to the OJ regulars, the discussion will be joined by three commentators:...
25 Jun Business and Human Rights Symposium: Rejecting Jurisdiction to Avoid Imperialism– That Simple?
...to either ignore or downplay that it is people from host states who file extraterritorial complaints in home states and that host states are typically either indifferent or actively supporting claimants. Instead, home states often support the companies incorporated within their territories operating abroad through several means. This includes signing investment and trade agreements aimed at protecting home states corporations from foreign laws and courts (See e.g. Sornarajah) or filing amicus curiae in support of home states’ corporations (See e.g. the Netherlands and UK amicus curiae in Kiobel). Therefore, to...15 Oct BU Law School’s “Ten Years In” Conference
...States does not accept the extraterritorial application of the canonical human rights treaties with respect to its own conduct and those of its agents outside of the territorial United States, so from the US point of view, that distinction is legally neither here nor there. In order to give the geographical distinction content, Koh’s argument says not that human rights law applies with respect to the US, but instead that the requirements of self-defense independently require an imminence of threat analysis even within an armed conflict that includes AQAP as...13 Sep Al-Bahlul, Conspiracy and the Subject Matter Jurisdiction of Military Commissions
...any other way contribute to the commission or attempted commission” of a war crime. Article 25(d) (emphasis mine). For these reasons, there appears to be an open question regarding whether international law permits the use of the other domestic modes of inchoate criminal liability to punish non-nationals for extraterritorial violations of the law of war. Exploring this rather complex issue requires retracing the origins of law of war violations and their punishment. States have punished law of war violations by adversaries and their sympathizers since long before there were international...