Search: extraterritorial sanctions
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,...
12 Apr Unfolding Haiti’s Garment Industry: Decades of Unaccountable Foreign Interference
...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...
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...27 Jul Does It Matter Whether the Constitution Follows the Flag?
...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...05 Nov A Response to John Knox by Marc Limon
...climate change, to suggest that relevant human rights obligations lie solely with the State wherein harm is suffered. Rather, one must strike a balance between drawing attention to and clarifying human rights obligations applicable within vulnerable States on the one hand (i.e., domestic application), and drawing attention to and clarifying extraterritorial human rights obligations on the other-especially obligations applicable to those countries that bear the major responsibility for having caused climate change. These countries argue, rightly, that to fail to strike such a balance would be to consign vulnerable States...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:...22 Jun How to Jump Start Enforcement of Anti-Bribery Laws
...U.S. stock exchange. That is a very large category of foreign corporations. The United States can also go after foreign corporations if there is some territorial nexus. The DOJ and the SEC take an expansive interpretation of territoriality, such that the payment of a bribe through a U.S. correspondent bank or the sending of an email sent through a U.S.-based email account is considered a sufficient territorial nexus to permit prosecutions of foreign companies for bribing foreign officials on foreign soil. So precisely how does the extraterritorial application of U.S....08 Mar The Customary International Law of Jurisdiction in the Restatement (Fourth) of Foreign Relations Law
...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...17 Apr The Concurrence That Leaves the Candle Flickering for ATS Supporters
It is worth noting that Justice Kennedy offered a very short concurrence. Here is the complete text of his concurrence, which should hearten ATS supporters that there is some room for future extraterritorial ATS cases (a very small room, I guess). The opinion for the Court is careful to leave open a number of significant questions regarding the reach and interpretation of the Alien Tort Statute. In my view that is a proper disposition. Many serious concerns with respect to human rights abuses committed abroad have been addressed by Congress...