Search: extraterritorial sanctions

...to protect and its implementation.” What is perhaps more interesting is what the Report does not say: it does not mention Libya, which continues to be the real hot button precedent on R2P it does not mention military intervention, or the role of the Security Council it does not mention extraterritorial obligations of states it does not mention the ICC it does not mention new technology On the latter two points, see this July 2013 Report on R2P by Madeleine Albright and Richard Williamson. The Secretary General has recently appointed...

...application) international law that attempts to delineate the circumstances under which terrorist violence might become “hostilities” in a NIAC. Meyer senses this problem, classifies it as a “jus ad bellum” issue, but then characterizes it as a “collective political decision” rather than a legal issue (effectively extracting most of the jus from the jus ad bellum). The decision to attack an extraterritorial non-state organized armed group is probably a political question under the framework of the U.S. Constitution, but is not so from the perspective of international humanitarian and human...

...Roger Alford discussed how extraterritorial application of the US Foreign Corrupt Practices Act could jumpstart anti-corruption prosecution in other OECD countries, and Julian Ku posted about Germany v Greece in the Euro 2012. Peter Spiro asked whether the pending Supreme Court ruling on Arizona’s SB1070 will make any difference and whether Julian Assange will live out his days in the Ecuadorian Embassy in London. Peter also pointed to the plight of persons of South Sudanese descent residing in Sudan who have become stateless after South Sudan’s secession. As always, Kevin...

...the recently released fifth report from the UN Secretary General on R2P and highlighted several interesting topics that are strangely missing, including discussion about Libya, military intervention or the Security Council, extraterritorial obligations of states, the ICC and new technology. Duncan called our attention to a novel agreement between the US and Germany not to spy on one another and asked wondered how it would work in practice. In our Emerging Voices series, Žygimantas Juška spoke about the role of standby counsel based on his experience at the ICTY on...

...of human rights committees (General Comment No. 14 on the Right to Health; the General Comment No. 5 on the Rights of the Child; Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights 2011). This provision has become more relevant in the context of demand of developing countries to address the issue of ‘the transformation of global governance’ as  a new and old dimension of the realisation of the right o development (Chimni and Balakrishnan). In pursuance to Article 13(4), States Parties have...

...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....

...in Gaza and beyond may have been concluded. National courts may also have the chance to have their say with at least two cases already filed in the United States and the Netherlands. Legal action may result in some individuals being held accountable through prosecution not only by the ICC, but also domestically through use of universal and other forms of extraterritorial jurisdiction. There is also the possibility of individualized sanctions. Legal initiatives may also lead to some restraints on action by some states for instance regarding supplying arms, or...

...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...

...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...

...contemporary realities are placing unprecedented strain on these foundations. Climate change threatening statehood; non-state actors exercising de facto territorial control; contested maritime and land boundaries; extraterritorial jurisdiction; and the enduring legacies/challenges of decolonisation and self-determination. In parallel, the prohibition on the use of force, the resilience of territorial integrity, and the role of international adjudication mechanisms in deciding territorial disputes are increasingly being tested by ongoing military conflicts and deeply contested geopolitical contexts. Against this backdrop, an overarching question emerges: Does international law’s understanding of territory remain fit for purpose...

...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....

...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...