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Search: extraterritorial sanctions

31 Mar

...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...
31.03.06 | |

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 | |

16 Aug

...I must confess that I have written a draft article on the application of municipal criminal law in extraterritorial armed conflict but have been unable to invest the necessary time to refine and format it. Part of the reason for that is that I have also begun a different article that considers evidence and arguments for placing military commissions in a different theoretical perspective. I may try to post a summary of my key points of analysis on the former subject in the not-too-distant future. The latter article may ultimately...
16.08.10 | |

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 | |

27 Mar

[Eugene Kontorovich is a Professor of Law at Northwestern School of Law] The extraterritoriality analysis starts with piracy, which has gotten significant play in the courts of appeals’ extraterritoriality cases like Doe v. Exxon and Rio Tinto (as well as in the Kiobel oral arguments on corporate liability). Because Sosa held that piracy would be actionable under the ATS, it is clear that the battle over extraterritoriality in Kiobel will be a naval engagement. It is true that piracy occurs extraterritorially, and under the current piracy statute, can be prosecuted...
27.03.12 | |

16 Sep

...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...
16.09.07 | |

14 Apr

...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...
14.04.15 | |

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 | |

09 May

...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...
09.05.06 | |

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 | |

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 | |