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Search: extraterritorial sanctions

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 | |

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 | |

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 | |

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 | |

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 | |

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 | |

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 | |

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 | |