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Search: extraterritorial sanctions

07 Nov

Tobias Thienel On the letter of the Convention: the question of whether a state party to the Convention is bound by it in respect of its acts of extraterritorial jurisdiction is surely among the thornier issues, but I will hazard a few observations nonetheless: Under Article 1 of the Convention, its guarantees apply to 'everyone within [the high contracting parties'] jurisdiction'. This means primarily the territory of any state party, but also extraterritorial jurisdiction, where a state party in fact exercises 'effective control' (note: not the Nicaragua test, see Tadic,...
07.11.06 | |

15 May

...feasible, the parameters of the actual zone of conflict". Arguing for an extraterritorial NIAC, in the sense that the conflict simply follows the terrorist around wherever he goes, would create an unbearable reality. Courts would never be able to set the relevant zones of conflicts and parameters for the applicability of IHL and states would be given complete autonomy in breaching their neighborint states' territorial borders whenever they presume that a terrorists with whom they are in conflict has entered such territory. Given the fact that almost all states today...
15.05.11 | |

06 May

...prevent the application of IHL no matter how much damage it inflicts.) In recent commentary (e.g. our PENNumbra debate and here), it seems Kevin would allow attacks beyond active conflict zones, but only if the targets' activities give them targetable status in IHL and are directly related to the hostilities occurring in an active conflict zone. Mary Ellen would not permit that position, but recently stated that she would permit an intrusion upon a foreign state's territorial integrity to engage in extraterritorial law enforcement, the intrusion necessary to do so...
06.05.11 | |

12 Jun

...so remarkable that I became a member for the first time about two weeks ago. Best, Ben Ben Regarding the Yahoo case: Obeying the laws of a nation should be no bar to international law liability; nor should it be a bar to liability under US domestic law. I'm curious about why you think China's requirements on Yahoo should affect a question of US law. Should we really hold our citizens to lower standards when acting abroad? Isn't the prevention of such substandard extraterritorial conduct at the heart of laws...
12.06.07 | |

07 Dec

...Generally it depends on both the intent of the legislature passing the law to regulate extraterritorial conduct and whether those laws are consistent with international law principles. In the case of illegal pharmaceutical websites it is easy because they are promoting the product in the United States, targeting U.S. customers, and shipping the illegal goods into the United States. For Wikileaks you would need to show that the relevant laws were intended to capture Assange's conduct. His conduct of publishing classified documents occurred at home and abroad. Of course, much...
07.12.10 | |

04 May

...chilling conclusion that the whole world has become a battlefield. It implicates that AQ-operatives may be liable to similar deadly attacks wherever they are hiding (ok, this time it was Abottabad and the Pakistani government seems to turn the other cheek, but what’s next: Paris? Rome?). I prefer the following (extraterritorial law enforcement) approach: without the obtaining of Pakistani consent, the only reasonable justification the US could put forward for infringing another Sate’s sovereignty, is the right to self-defence (art 51 UN Charter). Apparently, the US had actionable intelligence that...
04.05.11 | |

16 Jan

...have never entered derogations in respect of extraterritorial military engagements. The first point I would answer like this: yes, there can. The 'nation' is the community in the area to which the Convention applies in any instance. Article 15 merely assumes that states will derogate in respect of crises affecting their 'nation' stricto sensu, in their own territory, because that is where the Convention usually applies. But if it applies elsewhere (say, to - constructively - Turkish conduct in Northern Cyprus), surely it would be unfair to exclude any derogation,...
16.01.08 | |

16 Sep

...global influence and tackle global challenges. These sort of extraterritorial lawsuits seem a much greater threat to democratic sovereignty from a sovereigntist perspective than international law. And if other countries extraterritorial litigation turns out to be unfriendly to western conceptions of human and environmental rights, it may be opposed by the new internationalists who have embraced transnational litigation when it was only U.S.-centered. So, I wonder if in the legal academy there might also be a reinvigoration of the IL bandwagon, as you put it. That Sovereigntists might recognize that...
16.09.07 | |

16 Aug

...I must confess that I have written a draft article on the application of municipal criminal law in extraterritorial armed conflict but have been unable to invest the necessary time to refine and format it. Part of the reason for that is that I have also begun a different article that considers evidence and arguments for placing military commissions in a different theoretical perspective. I may try to post a summary of my key points of analysis on the former subject in the not-too-distant future. The latter article may ultimately...
16.08.10 | |

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 | |

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 | |

25 Nov

...As to your point, I guess we do have some sort of governance "crisis" or "problem", simply because the Treaties do not include a contingency plan for a financial crisis of the current proportions and the control mechanisms proved inadequate. This is based on serious design flaws of the TFEU. Take the deficit rules in Art. 126 TFEU for instance. Countries are obliged not to exceed certain deficit levels. If they do, they need to reduce them to appropriate levels or they may face sanctions. However, sanctions are not automatic...
25.11.11 | |