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Search: extraterritorial sanctions

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 | |

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 | |

27 Aug

...a great amount of comparative law, meaning that you start to take many things for granted. I remember having a discussion on Volokh, for example, about "extraterritorial" laws. (The post was about Italian internet regulation, I think.) I tried to explain that the case in question could reasonably be characterised not as extraterritorial, but as based on a different definition of the location of certain torts. This lead to all sorts of confusion. Similarly, prof. Anderson has recently been posting about companies and the ATS. If I understand the issue...
27.08.09 | |

20 Jan

...rights or those principles of personal liberty which lie at the foundation of our jurisprudence.”); Geofroy v. Riggs, 133 U.S. at 271. The Bush Administration repeatedly has failed to construe the GCs and other IHR and IHL treaties liberally. For example, Mr. Bellinger claims that the ICCPR does not extend extraterritorially based on the purported plain text of the ICCPR and the travaux. Jan (above) is absolutely correct in his analysis of the ICCPR based on the Vienna Convention: the ICCPR must be interpreted to apply extraterritorially. Indeed, the UN...
20.01.07 | |

30 Mar

...for Constitutional law. One can also consider an associated dilemma as follows: giving effect to national law may have extraterritorial effects, but failing to give effect to national law may be viewed as giving extraterritorial effect to another law. The list of resolutions approved by the ASIL membership is an example of the complex interplay, and the corresponding tensions created, between national and international law. When is it proper and appropriate to suggest (at least implicitly) that norms of international law can be viewed as a constraining force on national...
30.03.06 | |

23 May

...legal significance of, consuls as opposed to diplomats was much greater in the founding period. The consular role could range from mere ombudsman-like assistance to merchants in foreign ports to full-fledged autonomy over home-country nationals as witness the extraterritorial rights of French consuls under the early 1790s convention. Over time, as Peter indicates, the differences diminished. Recent developments, most notably significant trans-border movements of people and the VCCR cases, may signal the need for a renewed bifurcation, albeit without the rebarbative extraterritorial aspects of consuls in the age of imperialism....
23.05.07 | |

16 Apr

Jordan one problem (especially since there is no lex specialis override of human rights jus cogens, customary human rights guaranteed in all contexts John Bellinger, The Convention Against Torture: Extraterritorial Application and Application to Military Operations, Lawfare blog (Oct. 26, 2014) (claiming that when he was the State Department Legal Adviser in 2006 the U.S. position was never that the Convention Against Torture “did not apply at all during armed conflicts..., but rather that military operations ... were governed by the specific rules in the laws of war, not human...
16.04.15 | |

17 Mar

...such an exception is relatively clear and constitutional, as happened in Hamdi. The exception need not comply with common law understandings of public authority. Let us hypothetically say that the CIA was used in the initial stages of the invasion of Afghanistan and worked side by side with special forces. Under the Military Extraterritorial Jurisdiction Act, they would likely be subject to prosecution for any conduct that violates a federal felony statute applicable in the special maritime or territorial jurisdiction of the U.S., which includes murder. Let us further say...
17.03.13 | |

07 Sep

...states". Indeed, if the Court wanted to be clear that a legal element was not required, it could have found a simpler example, could it not? On another issue, what do you make of the reference in para 74 to Myanmar's obligation to exercise universal jurisdiction or extraterritorial jurisdiction over certain crimes? One could go wild and argue that it implies that UJ or extraterritorial jurisdiction themselves create some inter-state element that satisfies the territorial element. This would be crazy, but how else is Myanmar's jurisdiction relevant to the issue?...
07.09.18 | |

29 Apr

M. Gross Are you seriously suggesting we should strike down a state law because a foreign country has chosen to exercise what amounts to an extraterritorial veto? Can I ask what kind of State law could not be struck down if offending a foreign country was all that was required for a sufficient nexus with foreign policy for a successful preemption challenge? John Turner Will all the people against the new law please pay restituition to the crime victims of illegal aliens. Who by the way would not be crime...
29.04.10 | |