Search: extraterritorial sanctions

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...

23 May The New Face of Diplomatic Protection

...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....

30 Mar War Resolution Proposed by ASIL Executive Council

...for Constitutional law. One can also consider an associated dilemma as follows: giving effect to national law may have extraterritorial effects, but failing to give effect to national law may be viewed as giving extraterritorial effect to another law. The list of resolutions approved by the ASIL membership is an example of the complex interplay, and the corresponding tensions created, between national and international law. When is it proper and appropriate to suggest (at least implicitly) that norms of international law can be viewed as a constraining force on national...

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,...

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...

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...