Search: extraterritorial sanctions
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...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,...
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...
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....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...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...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....
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...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...