Search: extraterritorial sanctions

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...

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...

27 Feb The Problem of International Parental Child Abduction

...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...

25 Nov The Eurozone Crisis Is Also a Governance Crisis – Isn’t It?

...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...