Search: extraterritorial sanctions
08 Nov Guest Post: Self-Executing Treaties, Criminal Law, and Bond v. United States
Marty Lederman Thanks, Bill. Two quibbles: First, and most importantly, the Convention in Missouri v. Holland did *not* create "close seasons." If it had done so, then it would have imposed a legal obligation on Missouri hunters of its own accord, albeit one without any criminal or other sanctions attached. Paul's argument on Tuesday was that that was what the Migratory Bird Convention did, in fact -- which he said makes it distinguishable from the CWC, which does not impose any obligation on Carol Anne Bond. (As I wrote in...09 May The U.S. is Number One — in Imprisonment Rates
...in recent years’ should take cognizance of the fact ‘expanding punishment resources will have more effect on cases of marginal seriousness rather than those that provoke the greatest degree of citizen fear. The result is that when fear of lethal violence is translated into a general campaign against crime, the major share of extra resources will directed at nonviolent behavior.’ [….] [C]rime crackdowns have their most dramatic impact on less serious offenses that are close to the margin between incarceration and more lenient penal sanctions. The pattern of nonviolent offenses...14 Apr The States Continue to Exist in Foreign Affairs: Implementing Treaties
...American nations, tribes, and peoples) -- e.g., http://ssrn.com/abstract=1484842 And, of course, there is the problem posed by federal preemption. Hostage Re: Of course, states are expressly bound under the Supremacy clause re: “all” treaties of the United States" ... Another interesting conumdrum is the interplay between the foreign commerce clause, the treaty obligation to accept decisions of the UN Security Council on sanctions, and individual state determinations which prohibit investment of their own pension funds & etc. in businesses doing commerce with countries that the Executive branch has placed on...02 Oct Book Symposium Investment Law: International Criminal Responsibility of Transnational Corporate Actors Doing Business in Zones of Armed Conflict
...Supreme Court has recognized over the years (in 20 cases) that corporations and companies can have duties and rights under treaty-based and customary international law. http://ssrn.com/abstract=1701992 There have always been a number of non-state actors with formal participatory roles and international law has, therefore, never been merely state-to-state. Sanctions against corporations and companies have normally been economic in nature. Better awareness of the roles of various non-state actors in the 18th, 19th, and 20th centuries should be helpful with respect to future efforts to assure normative compliance and effective sanctions....27 Feb The Problem of International Parental Child Abduction
...use of their jurisdictions as safe havens - ICARA/IKPA deal with abductions out of the US but not to it, I think this is a fundamental weakness in the current HC aproach of dealing with the issue after the child has been taken - imposing sanctions on a parent who abducts to your jurisdiction may be a better way of preventing an abduction to begin with rather than the current cat-and-mouse game with an abducting parent simply hiding until a child is settled in the new environment; 2. Sanctions against...17 Apr The Death of Universal Civil Jurisdiction Under the ATS
...as a universal civil jurisdiction decision, although it was grounded in U.S. historical analysis that seemed to coincide with universal civil jurisdiction. Still, as I noted before, Justice Breyer did not build on the Sosa concurrence in today’s Kiobel opinion. Instead, he revived the quite rarely invoked “protective” principle to justify the ATS’ extraterritorial reach. He then added that preventing war criminals from winning a “safe harbor” in the U.S. was within the protective principle (that’s a somewhat dubious interpretation to me). This is a much narrower approach than I...26 Feb The Perils of Reducing International Lawyers to Their Nationality: A Response to Vamos-Goldman
Andras Vamos-Goldman has a long post today at Just Security criticising the UK’s recent adoption of the Overseas Operations (Service Personnel and Veterans) Bill, which will make it considerably more difficult for British courts to prosecute soldiers who commit international crimes overseas or to hear civil actions brought by the victims of such crimes. He also decries in general the lack of commitment a number of powerful democracies have shown to international criminal justice, singling out for special opprobrium — not surprisingly — the Trump administration’s sanctions against ICC officials...24 Apr Kiobel Insta-Symposium: A More Positive Outlook for International Law
...consensus, rather than unilateral means. Unilateral extraterritorial regulation of the foreign-cubed variety, where one state purports to dictate conduct in another state’s territory, is in tension with international norms and basic principles of democracy. It’s also a perspective that believes human rights become universal not through some sort of predetermined inevitability, but only through careful building of alliances and legitimacy between different groups joined in purpose. The concern therefore should not be that U.S. courts will become the world’s courts. Rather it’s that any court, in any nation, can assert...13 Apr Guest Post: Is the Alien Tort Statute Headed Back to the Supreme Court?
...allow them to provide further guidance in such cases. Kiobel was something of an outlier—a class action against a foreign parent corporation (Royal Dutch Shell) based entirely on its foreign subsidiary’s activities in a foreign country (Nigeria), in which the foreign parent’s home countries (the Netherlands and the United Kingdom) objected that their own courts were more appropriate forums for the plaintiffs’ claims. The Supreme Court held that the principles underlying the presumption against extraterritoriality limit the causes of action that may be brought under the ATS, but it did...