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Search: extraterritorial sanctions

14 Aug

...again leaves international law at the mercy of powerful states. Why is it that the US, the EU, and Japan have been able to refuse to lift subsidies to their domestic industries in clear violation of WTO law? Because the aggrieved states are not powerful enough to impose retaliatory sanctions that would damage the violators sufficiently and make them change their ways. The US and EU are content to offer each other side payments so as to carry on with their patterns of subsidies, but when Cambodia or Mali wants...
14.08.05 | |

19 Dec

...that -- I haven't studied the history closely). I'm not aware of an example where the Clinton Administration took that view, although, again, I'm hardly familiar with every case where it might have come up. To clarify: Of course it is the case (and the Clinton Administration said so) that certain treaties do not establish binding rules of conduct (e.g., criminal sanctions) for private parties without further statutory or regulatory action. But the question in this case is whether the treaty imposes an obligation on the Executive branch itself (and,...
19.12.06 | |

16 Apr

...part of its obligations under UN Charter Article 56, point to the UN's own obligation to "promote...respect for...human rights," and then argue that these obligations take precedence over the US's own obligations under the UN Headquarters Agreement. That's the winning argument, right? Wow. Jordan The U.S. permits some civil sanctions against human rights violators in its courts and there is no S/L in customary international law. I see no reason why a visa denial could not be a proper sanction response even if other sanctions might be more onerous. Tyler...
16.04.14 | |

18 Apr

...sold parts of a chemical or biological weapon to a state-financed terrorist group such as al-Qaeda. The principle, however, is exactly the same. The principle isn't the same, in that the federal government made it illegal to do business with Al Qaeda, but not with the South African government at the time. As for what we "really want," do we "really want" 12 random jurors, rather than Congress, to decide whether to impose sanctions on a foreign government? Because the upshot of this decision is that a federal jury would...
18.04.09 | |

24 Oct

Liz The term "collective punishment" doesn't usually apply to sanctions or blockades. For instance, I don't recall anyone claiming the sanctions on South Africa were 'collective punishment'. New term for a new era or does it selectively apply to Israel only? right. 2 Liz South Africa may have been under a blockade, but Gaza is under military siege, if not military occupation. There's a huge difference. Ali The sanctions against South Africa were not meant against the civilian population, where as Israel is actually intending to deprive the Palestinian population...
24.10.10 | |

22 Jan

...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...
22.01.15 | |

06 Jun

...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...
06.06.06 | |

24 Nov

...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...
24.11.13 | |

08 Mar

...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...
08.03.18 | |

17 Apr

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...
17.04.13 | |

22 Jun

...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....
22.06.12 | |

27 Jul

...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:...
27.07.09 | |