Search: extraterritorial sanctions
03 Apr The Unattractive Question is Back: SCOTUS (Again) Considers Corporate Liability Under the Alien Tort Statute
...the Alien Tort Statute has extraterritorial reach needed to be resolved first, and sent the case back for re-argument the next term. That re-argued case eventually became the 2013 Kiobel decision sharply limiting the extraterritorial scope of lawsuits brought under the ATS to cases that “touch and concern” the territory of the U.S. The corporate liability issue was left fully argued and untouched. To be sure, since 2013, several other circuit courts have issued opinions on the corporate liability issue and all have split from the original Second Circuit Kiobel...16 Jun Function Over Form
Many thanks to the Opinio Juris team for hosting this conversation, and to colleagues who have already offered such interesting and insightful posts. In this spirit of exchange, I’ve crafted comments that I hope will challenge and extend some of their observations, as we all continue to digest this momentous opinion on- and off-line. The benefit of continued reflection will no doubt reveal shortcomings in my preliminary reactions. My current research takes a comparative look at the application of constitutional protections to non-citizens when a government acts extraterritorially, so stay...02 Jun Case of the Month: United States v. Juvenile Male 1
...documents and the court granted the juvenile’s application for subpoenas duces tecum. But the Navajo nation refused to provide the documents. Why? Navajo lawyers argued that the subpoena would be ignored because “the Navajo Nation is a separate sovereign nation, and as a matter of public policy, foreign subpoenas issued from neighboring sovereigns are not honored.” Instead of complying with this foreign order the juvenile should follow a “routine procedure for domestication of extra-territorial subpoenas through the Navajo Nation courts.” The court granted a second motion to compel, but the...
04 Feb ICC and Palestine Symposium: Mind the Gap– The ‘Palestine Situation’ before the ICC
...acquiesce lightly to the extraterritorial jurisdiction of Israeli military and civilian courts in the West Bank. Against the backdrop of the current Israeli administration’s intention to annex large swathes of the West Bank and East Jerusalem, the de facto exercise of Israel’s extraterritorial jurisdiction is gradually absorbing Palestinian land within the Israeli state; if this remains unchallenged, the process of conquest through an expansion of jurisdiction could become irreversible, clearly contravening international law. Taking the example of Israeli settlements in occupied Palestine (which are a “flagrant violation under international...
05 Feb The African Union (Rightly) Endorses Pure Sovereignty in Cyberspace
...States.” The most important consequence of pure sovereignty is that it prohibits states from engaging in extraterritorial cyber-espionage. The Tallinn Manual 2.0 claims that because international law does not regulate such espionage in the physical realm, it does not regulate it in the cyber one. Most scholars take the same position. Russell Buchan and I, however, have argued precisely the opposite — that international law prohibits extraterritorial espionage in both the physical and cyber realms. We now have 55 more states that agree with us. The African Union’s communique is...