Search: extraterritorial sanctions
05 Oct New Article on Reid v. Covert, and My Question re Extraterritoriality and the Constitution
...which it is not really dead-on, however, though sometimes referenced in relation to it. Reid is the question of the extraterritorial application of the US Constitution, and whether a civilian US citizen lawfully present on a US military base in time of peace, with a SOFA in operation (ie, 1950s Germany), is entitled to a regular US civilian trial with all Constitutional protections in a capital murder case rather than trial in military court under the UCMJ – answer, yes. But, if that’s Reid, what about a US citizen who...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...10 Oct More SCSL Hypocrisy Concerning Customary International Law
...to substantive criminal law. Contrast what it says about the principal/accessory distinction with what it says about extraterritoriality as an aggravating factor, which the defence (correctly) alleged in its appeal brief lacks any foundation whatsoever in customary international law (and has never been applied by any international tribunal): The Appeals Chamber considers that it was unnecessary for the Trial Chamber to refer to public international law in order to take into consideration the extraterritorial nature and consequences of Taylor‘s acts and conduct. The Appeals Chamber accepts the Trial Chamber‘s finding...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...26 Mar Kiobel (II): Universality, Not Mere Extraterritoriality
was too “deficient and vague” to be a common law rule. Lower courts have discussed the application of the Alien Tort Statute to so-called “foreign cubed” cases – where the parties are foreigners and the conduct takes place abroad – as a matter of extraterritoriality, a term that suggests the presumption of statutory construction against extraterritorial application. While there is a presumption against extraterritoriality, the application of U.S. law to conduct abroad is not uncommon. Yet even the most controversial or aggressive use of extraterritoriality typically involves the regulation of...05 Dec Morality Play at the WTO
...public ethic of that community. As Howse and Langille put it, “public morals” may be justified either as “instrumental regulation designed to counter certain social ills, or as expressive regulation designed to express or give force to intrinsic moral intuitions or shared values.” The fact that there is not universal concern for seal welfare, or that Canada and Norway do not share EU’s concerns, is irrelevant for WTO purposes. Second, the public moral concerns may derive from conduct that is wholly extraterritorial to the Member State. Under this reasoning, a...23 Apr Kiobel Insta-Symposium:The Pyrrhic Victory of the Bush Administration Position in Kiobel
...Bellinger over at Lawfare can rightly claim credit for keeping the extraterritoriality issue before the Supreme Court in Kiobel. Indeed, the Supreme Court’s conclusion that “principles underlying” the presumption against extraterritoriality apply to claims under the Alien Tort Statute (ATS) represents a victory for the Bush Administration’s legal position in ATS cases, an administration John served with distinction. That Bush Administration legal position, however, marked a sharp break with past positions of the United States Government regarding extraterritorial application of the ATS. In 1980, the Carter Administration argued in Filartiga...
10 Jun Conflict-Related Sexual Violence Symposium: Key findings of CIJA’s Investigation into the IS Slave Trade
...Syrian conflict – the opportunities have been scant to date. The majority of suspected IS members brought to justice have been tried on terrorism-related charges that have not surfaced any ICHL violations, including sexual or gender-based harms, for which an accused may bear criminal responsibility. This is largely true of prosecutions both in Iraq and in other states exercising extraterritorial or universal jurisdiction. However, a growing number of cases focusing on ICHL violations are being built in these third states against IS members and other actors in the Syrian conflict....
02 May Soldier Self-Defense Symposium: The View from the Ground – Emerging State Practice on Individual and Unit Self-Defense
...(Another of the contributors, Hans Boddens Hosang, has done some of the most rigorous thinking on self-defense bases and origins, worth reading more of here and here). The first position – that a service member or his unit’s self-defense is supported by the extraterritorial application of domestic self-defense rights – is the predominant view for most European countries (see, e.g., the Norway contribution, the personal self-defense description in the Netherlands contribution, and these case studies referencing the positions of France, Germany, and the UK). The last approach, the sovereign self-defense...28 Aug The Kafkaesque “Diciotti” Case in Italy: Does Keeping 177 People on a Boat Amount to an Arbitrary Deprivation of Liberty?
...the sea, a vessel sailing on the high seas is subject to the exclusive jurisdiction of the State of the flag it is flying. This principle of international law has led the Court to recognise, in cases concerning acts carried out on board vessels flying a State’s flag, in the same way as registered aircraft, cases of extraterritorial exercise of the jurisdiction of that State …. Where there is control over another, this is de jure control exercised by the State in question over the individuals concerned. The Court observes,...