In association with the International Commission of Jurists

Search: extraterritorial sanctions

24 May

...— it’s unclear from the fact sheet — its new understanding of the use of lethal force applies only to the current conflict. Second, although I don’t imagine that the US much cares, the jus ad bellum-like targeting standards announced in the fact sheet do not necessarily satisfy the limitations on lethal force imposed by international human rights law. As I have pointed out ad nauseum on the blog (see here for an example), whether an extraterritorial use of force is legitimate under the jus ad bellum says nothing about...
24.05.13 | |

27 Jan

...Coast of Somalia, said the international community should work towards “Somaliazation” of responses to piracy by helping local authorities in the regions of Puntland and Somaliland to enhance their judicial and prison capacities in order to prosecute and jail captured pirates. In his report to the Security Council, Mr. Lang also proposed the establishment, for a transitional period, of a Somali “extraterritorial jurisdiction court’ in the northern Tanzania town of Arusha to deal with piracy cases. He told the Council, as well as a news conference following the meeting, that...
27.01.11 | |

30 Jan

...rights treaty obligations, which it maintains do not apply extraterritorially. Third, the Post article highlights another issue— one that has less to do with human rights norms than with the substantive reach of U.S. counter-terrorism laws and the material support for terrorism statute in particular. It suggests that discomfort with the Djibouti arrests may have less to do with how the three men were treated in foreign custody than with why they are being prosecuted by the United States in the first place. Their lawyers concede they were combatants who...
30.01.13 | |

09 Nov

...this event particularly welcome papers addressing one of the following sets of issues: rules and norms of responsible State behaviour in cyberspace, in particular in the context of the new OEWG and GGE proceedings; Western and non-Western approaches to international law in cyberspace; the application of international humanitarian law to cyber armed conflicts; sovereignty in cyberspace; aspects of “digital sovereignty”; State responsibility in cyberspace; individual and collective reactions to cyberattacks, cyber restrictive measures, countermeasures etc.; supply chain security and international trade law (vide 5G, Huawei, etc.); and extraterritorial jurisdiction (U.S....
09.11.19 | |

06 Jun

...urge the Obama administration, and offer it advice, on how to preserve the legal category of targeted killing as an aspect of inherent rights of self-defense and US domestic law. As such, this paper runs sharply counter to the dominant trend in international law scholarship, which is overwhelmingly hostile to the practice. It urges the Obama administration to consider carefully ways in which apparently unrelated, broadly admirable human rights goals, such as accepting extraterritorial application of the International Covenant on Civil and Political Rights, or accepting its standards as a...
06.06.09 | |

17 Apr

Here is the bottom line of the Roberts’ opinion, which makes it sound like this whole ATS thing is really a simple application of Morrison v. National Australia Bank. On these facts, all the relevant conduct took place outside the United States. And even where the claims touch and concern the territory of the United States, they must do so with sufficient force to displace the presumption against extraterritorial application. See Morrison, 561 U. S. ___ (slip op. at 17–24). Corporations are often present in many countries, and it would...
17.04.13 | |

17 Apr

...cases will be determined in the future according to the detailed statutory scheme Congress has enacted. Other cases may arise with allegations of serious violations of international law principles protecting persons, cases covered neither by the TVPA nor by the reasoning and holding of today’s case; and in those disputes the proper implementation of the presumption against extraterritorial application may require some further elaboration and explanation. UPDATE: In the annals of amusing moments in OJ history, looks like Julian and I had much the same thought at the same moment....
17.04.13 | |

27 Jul

...are much less well known. Regardless, until now these parts have not been put together and treated as an interconnected, if occasionally wide-ranging, narrative. My third aim is to advance several more specific claims about this legal evolution. First, the central concept of extraterritoriality has shown surprising continuity in its purpose even as its form has changed dramatically. Extraterritoriality meant very different things to nineteenth-century lawyers than it does to contemporary lawyers. But the primary function of extraterritoriality has remained, at a fundamental level, the same. That function, I argue,...
27.07.09 | |

02 Apr

...H St. NW, Washington, DC, USA. For registration information, see here. For those who cannot make it in person, the event will be webcast for free. For further information, see here. Announcements The Codification Division of the Office of Legal Affairs recently added the following lecture to the Lecture Series of the United Nations Audiovisual Library of International Law (AVL) website: Mr. Alejandro Chehtman on “Extraterritorial criminal jurisdiction” (in Spanish). The Audiovisual Library is also available as an audio podcast, which can be accessed through the preinstalled applications in Apple...
02.04.19 | |

18 Apr

[Christopher A. Whytock is a Professor of Law and Political Science at UC Irvine School of Law] I do not think the Court’s opinion in Kiobel means that ATS litigation in federal courts is going away any time soon. First, make no mistake, the “presumption against extraterritoriality” applied by the Court in Kiobel is a new creation that is likely to give rise to further litigation. In at least three ways, the new presumption is different from the Morrison-style presumption used by the Court to determine whether a federal statute...
18.04.13 | |

06 Jul

...the United Nations in a question of enforcing UN Security Council sanctions is the same as that between the United States and Egypt in the case of the extraterritorial application of anti-trust law. But to think that the two scenarios are governed equally by politics alone, is to miss something important. Post-national governance, to use the fashionable term, involves more than mere “multiplicity.” It depends on constitutional connective tissue between the various legal systems that are at play with one another. The plural theory of constitutionalism that I, for one,...
06.07.12 | |

06 Feb

...applicable to extraterritorial actions, at least in these ways — even if one grants, as the US does not, that the International Convention on Civil and Political Rights (ICCPR), for example, applies extraterritorially. The US government has responded to the Special Rapporteur on Extrajudicial Execution that it regards his inquiries as beyond his legal mandate because they run to armed conflict, and therefore outside of his remit. I’d add (and I haven’t double checked; perhaps the Obama administration has actually said) that even outside of armed conflict law, targeting of...
06.02.11 | |