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Search: extraterritorial sanctions

04 Apr

...appoint a more diverse tribunal? Such sanctions might risk gamesmanship by creative litigators, proving ammunition to challenge appointments or awards based on any deficits in the constitution of the tribunal. But in the absence of sanctions, what would be the point of adding an anti-discrimination provision? Finally, one may query whether this is an obligation which should solely be imposed on parties. What about the role, for instance, of appointing institutions or party-appointed arbitrators jointly selecting a chair? Conclusion While initiatives to increase diversity in arbitration should be welcomed, there...
04.04.22 | |

01 Jul

...our lands”, hours after a ceasefire to allow for peace talks with the pro-Russian separatists had expired. The EU signed a historic free-trade pact with Ukraine on Friday and warned it could impose more sanctions on Moscow unless pro-Russian rebels act to wind down the crisis in the east of the country by Monday. More than 5,000 migrants have been picked up by the Italian navy in the past 48 hours in several rescue operations between Sicily and North Africa. Bosnia has marked 100 years since the murder of Austrian...
01.07.14 | |

14 Dec

...of the actor, the nature of the recipient(s), and the nature of the information. If the intent to harm a nation's security interests is present, I have trouble accepting an argument that potential criminal culpability should stop with the first non-citizen or non-government employee who receives (rather than extracts) and then further discloses a government's secrets. Of course, the biggest obstacle to prosecuting a violation of an extraterritorially applied domestic law is the lack of legitimate extraterritorial enforcement power. Merely having an applicable law on the books does not automatically...
14.12.10 | |

26 Jan

...their domestic rule of law, state authorities must ensure that their domestic law does not give legal effect to the basis for business activities in Israeli settlements. All business activities carried out under Israel’s illegal regime by the corporate nationals of law-abiding states would entail concrete legal risks under the company’s home-state law, insofar as those activities oblige the state to give legal effect to Israel’s internationally unlawful acts as though they were lawful. 3) The report’s recommendations to states fall short of adequately addressing foreign corporate involvement in extraterritorial...
26.01.16 | |

31 Mar

...the clergy, seemingly relying on the Holy See’s supreme power in the Church and the duty of obedience of the members of religious orders. We suggest that the Committee’s approach could be strengthened by a reflection on the role of the HS’s as the supreme power and its consequences for the scope of its obligations under the CRC; a better explanation of the ducal nature of the CRC ratification; and engaging with the broader question of extraterritorial jurisdiction in international human rights law. The Holy See, Supreme Power in the...
31.03.22 | |

29 Jul

...Guantanamo are serving any of these purposes. To the extent they may be justified in this context at all, it is as the only forum in which it is possible to charge violations of the law of war – either because there is no relevant charging offense under federal criminal law, or because federal criminal law did not at the time extend to cover extraterritorial offenses. I suppose other justifications might be offered, and I’d be happy to have them. But I doubt the we-can’t-win-under-the-evidentiary-standards-in-Article-III-court rationale is one of them....
29.07.09 | |

14 Dec

...of any prescription drug without a valid prescription was prohibited in baseball, and even earlier under federal law. In 1971, baseball’s drug policy required compliance with federal, state, and local drug laws and directed baseball’s athletic trainers that anabolic steroids should only be provided to players under a physician’s guidance. Problem is, under traditional rules of extraterritoriality, the federal regulation of the use of performance enhancing substances does not obviously apply when such use occurs in other countries. And various sections of the Mitchell Report detail allegations of “illegal” use...
14.12.07 | |

18 Jan

...similar jurisprudence on the basis that the European Convention has a different scope of application provision than does the ICCPR. This is a reference to the old saw, also dismissed by the HR Committee, that the ICCPR has no extraterritorial application. But note that even if that were true, it would not be cause to deny complementarity between IHRL and IHL; it would only be cause to deny that a State has IHRL obligations when it, say, tortures people in wars on foreign lands, a position that, by the way,...
18.01.12 | |

31 Jul

...Where the tension does come to a head, the government is faced with the obligation to either give up on its secrecy interests or else face sanctions (including the dismissal of charges). This is the prospect that we have to be worried about insofar as we push more of the burden of terrorism detention into the criminal justice system. It may be that the problem won’t actually arise often, or even at all. Or it may prove a huge obstacle in some cases. I don’t think any of us are...
31.07.08 | |

03 Jan

The Guardian published an editorial by a Republican political operative today blaming WikiLeaks for releasing a State Department cable concerning a meeting between Tsvangirai and Susan Rice in which Tsvangirai discussed the possibility of peacefully removing Mugabe from power: Now, in the wake of the WikiLeaks’ release, one of the men targeted by US and EU travel and asset freezes, Mugabe’s appointed attorney general, has launched a probe to investigate Tsvangirai’s involvement in sustained western sanctions. If found guilty, Tsvangirai will face the death penalty. And so, where Mugabe’s strong-arming,...
03.01.11 | |

31 Mar

...started to speak to questions of the Laws of War and Int'l Humanitarian Law? Christopher Gibson Dear Roger, With increasing global integration, economically and otherwise, there is a commensurate increasing tension between national law and the intrusion of transnational issues into the (formerly) exclusively national sphere. Roger, your article, “Misusing International Sources to Interpret the Constitution,” provides an insightful analysis of some of the associated complex issues for Constitutional law. One can also consider an associated dilemma as follows: giving effect to national law may have extraterritorial effects, but failing...
31.03.06 | |

27 Mar

[Eugene Kontorovich is a Professor of Law at Northwestern School of Law] The extraterritoriality analysis starts with piracy, which has gotten significant play in the courts of appeals’ extraterritoriality cases like Doe v. Exxon and Rio Tinto (as well as in the Kiobel oral arguments on corporate liability). Because Sosa held that piracy would be actionable under the ATS, it is clear that the battle over extraterritoriality in Kiobel will be a naval engagement. It is true that piracy occurs extraterritorially, and under the current piracy statute, can be prosecuted...
27.03.12 | |