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Search: extraterritorial sanctions

30 Mar

...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...
30.03.06 | |

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 | |

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 Nov

...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...
25.11.11 | |

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 | |

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 | |

27 Feb

CM Kevin, I agree that the brief should have been accepted in the interests of justice. However, I also think that sanctions should be imposed on any counsel - prosecution or defence - who knowingly disobeys a scheduling order without good cause. I'm sure that counsel in this instance would argue that there was good cause; however, such behaviour by an experienced lawyer sets a dangerous precedent which, without proper investigation and the application of sanctions if deemed appropriate, may encourage lawyers / self-represented accused in other cases to manipulate...
27.02.11 | |

19 Jul

...is just a tool? Tools may be designed badly or used improperly, but there is no immorality in a tool, just in their improper use. Despite the fact we have numerous laws and traditions in the US to control the improper use of automobiles, there are about 50 thousand deaths a year. Should this unavoidable result be an excuse to ban the automobile? Sanctions against tools merely increase their costs. Given that transportation is easy and quick, nothing will keep tools out of a country where there is the money...
19.07.08 | |

31 Jan

...mean for us lawyers? It means that the Security Council and the US/EU should back off of their increasing use of economic sanctions - a tool that also has alot of literature on it, all saying that in a case like Iran's nuclear program, economic sanctions are not going to cause the desired change in target state behavior (let me know if you want cites on this). It means that we should seek for creative legal/political means to allow Iran to continue its uranium enrichment program, while giving the West...
31.01.12 | |

08 May

Kyla4u Quote: "But other governments have a reciprocal incentive to sign on: we report on offshoring that’s hurting you, you help us out with offshoring that hurting us." Reciprocal reporting has very little to do with the incentive to sign onto FATCA. The incentive for signing an IGA has a lot more to do with the 30% sanctions imposed by the US on all US payments to any FFI who does not comply with FATCA. By signing an IGA, foreign governments greatly reduce the risk of having 30% sanctions applied...
08.05.14 | |