Search: extraterritorial sanctions
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...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....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...
13 Jan The Mighty Apple, Google, Tesla, Dell and Microsoft in “the dock” – A Look At the Child Labour Lawsuit
...and the demonstrable hostility in the DRC” against anyone who is critical of the government or anyone who is perceived to be “attacking the mining industry” are prohibitive factors. Using the Trafficking Victims Protection Reauthorization Act (TVPRA) the plaintiffs submit that the US is the appropriate forum as there is a legal basis for extraterritorial jurisdiction. The IRA bolster their jurisdictional argument by stating that, “the policymaking that facilitated the harms Plaintiffs suffered was the product of decisions made in the United States by Defendants…This case is brought under the...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...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...
04 Feb The Argentinian Exercise of Universal Jurisdiction 12 Years After its Opening
...and seek justice. However, to open the Cause, Argentina had to resolve several preliminary issues: the characterization of the crimes, the prevalence of Spanish courts’ jurisdiction, and the possibility to prosecute the crimes according to domestic law. In this regard, Argentina stated that the facts constituted international crimes covered by the principle of universal jurisdiction. It established that no investigation was being carried out in Spain for the same facts or crimes; thus, other countries could prosecute those responsible. It explained the need for extraterritorial jurisdiction, referring to the obligations...
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...