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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 | |

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 | |

31 Jan

...mean for us lawyers? It means that the Security Council and the US/EU should back off of their increasing use of economic sanctions - a tool that also has alot of literature on it, all saying that in a case like Iran's nuclear program, economic sanctions are not going to cause the desired change in target state behavior (let me know if you want cites on this). It means that we should seek for creative legal/political means to allow Iran to continue its uranium enrichment program, while giving the West...
31.01.12 | |

25 May

...me suggest two other controversial legal arguments and ask you whether you think they too should be subject to criminal or ethical sanctions.The bombing of Serbia without UN Security Council authorization is NOT a violation of the UN Charter. Abortion is a fundamental individual right protected by the due process clause of the 14th Amendment. In both cases, there are difficult arguments on both sides. Would it really advance our credibility as a profession (lawyers) to seek prosecution and/or disciplinary sanctions for lawyers who made arguments in favor of these...
25.05.05 | |

08 Nov

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...
08.11.13 | |

02 Oct

...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....
02.10.13 | |

27 Feb

...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...
27.02.07 | |

21 Jan

...Convention] and shall bring such persons, regardless of their nationality, before its own courts” for “effective penal sanctions” or, “if it prefers, ... hand such persons over for trial to another High Contracting Party.” The obligation is absolute and applies with respect to alleged perpetrators of any status. As a party to the Geneva Conventions, the United States must either initiate prosecution or extradite to another state or, today, render an accused to the International Criminal Court. “Grave breaches” of the Convention include “torture or inhuman treatment” and transfer of...
21.01.09 | |

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 | |

25 Feb

...that, by virtue of passing and implementing such a statute, the U.S. has violated a treaty. Presumably the U.S. must risk suffering whatever international law sanctions are appropriate for such a breach. But that's not very unusual, is it? Isn't the whole point of the "last in time" rule that later-enacted statutes trump earlier ratified treaties for purposes of domestic law and, more importantly, for purposes of the Supremacy Clause? That is to say -- Congress *often* enacts "last in time" statutes that effectively violate treaties, or that breach federal...
25.02.05 | |

09 Mar

...other hand, it is not clear that with the Cotton letter there is a "measure" of the U.S. involved. Indeed, one can frame the letter as defending more obvious measures of the U.S., like the Security Council-authorized sanctions regime. I would be very hesitant to define "measures" as "executive foreign policy but not relevant legislation". Or what about a candidate who promises to sign a treaty if elected? And then of course there is Snowden. Jordan Eugene: a statement by a politician is not correspondence sent to a foreign govt....
09.03.15 | |

11 Mar

...that is all about political commitment and then verified compliance by all sides with their commitments. I don't think the legal character of the agreement will have any bearing on how well it is implemented. That will depend solely on the political will of all parties. I'm far more concerned about the US not abiding by its commitments relating to sanctions than I am about Iran abiding by its commitments to freeze its nuclear program and agree to an additional protocol with the IAEA. William Worster Setting aside the many,...
11.03.15 | |