Search: extraterritorial sanctions

20 Jan Wrap Up Discussion I

...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...

29 Apr Arizona Will Knuckle Under to Mexico, Not the Federal Courts

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...

06 May The Armed Conflict with Al Qaeda

...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...

07 Nov Saddam’s Appeal Begins

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,...

12 Jun Testing the Limits of Corporate Liability for Violations of International Law

...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...

16 Jan Can the Security Council Displace Human Rights Treaties? (Al-Jedda, Part 2)

...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 Sep Corporations for International Law!

...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...

27 Aug When Should American Law Students Take International Law?

...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...

31 Mar ASIL Passes Historic Resolution

...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...