Search: extraterritorial sanctions

...exalted the so-called statutory “presumption against extraterritoriality,” a trend the current Court strengthened in its recent Kiobel decision. Justice Blackmun’s compelling dissent skewered the majority, underscoring not only that the text and meaning of the INA and Refugee Convention were simple and crystalline—“Vulnerable refugees shall not be returned”—but also that that object and purpose would be entirely thwarted if those legal obligations did not apply extraterritoriality to protect fleeing refugees. Looking back, Justice Stevens’ decision is most striking for its frank and admirable acknowledgement of the “moral weight “ of...

...ATS claims arising in the territory of foreign states would require rejecting thirty years of ATS litigation, including the holding of Filártiga v. Peña-Irala. As Justice Kagan explained, it would also require abandoning the reasoning of the Court’s 2004 decision in Sosa v. Alvarez-Machain. Justice Scalia pointed out that applying the presumption against extraterritoriality would bar claims arising on the high seas as well as those arising in the territory of a foreign state, despite Sosa’s indication that the ATS was intended to apply to piracy, an international crime that...

...statements therein made) to opine on whether the practice of extraterritorial self-defense against non-State actors absent consent of the territorial State was permitted or not by article 51 of the UNC. In prospecting for opinio juris a richer vein could not be found: States used legal justificatory discourse, expressed their own legal views, and weren’t coy on articulating what they thought was the definitive meaning, extent, and significance on the customary rules purportedly expanding (or not) self-defense. This seems to be the indicative of certainty about the articulation of legality...

...limiting itself to authorizing private citizen (as opposed to “national”) exploitation, and subjecting that exploitation to “international obligations of the United States.” The Act also goes on to “disclaim” extraterritorial sovereignty (shouldn’t that be “extraterrestrial” by the way?) It is the sense of Congress that by the enactment of this Act, the United States does not thereby assert sovereignty or sovereign or exclusive rights or jurisdiction over, or the ownership of, any celestial body. I think the law’s backers are correct that it does not violate US treaty obligations. All...

...the Joint Chiefs of Staff, is quoted as saying: “How do you understand sovereignty in the cyberdomain? It doesn’t tend to pay a lot of attention to geographic boundaries.” Putting aside what may be the fundamental territorial misunderstanding in the quote, I wonder what the evolution of territoriality suggests with regard to this national security initiative. Kal’s book details the various extraterritorial options. Conquering and controlling “cyberterritories” is obviously out of the question. But assuming soverign borders are still operative in this context, Kal’s book suggests several other options. Will...

Rather than dwelling further on any prediction of what kind of opinion the Court is likely to produce following oral arguments in Kiobel (FWIW, I thought arguments went better for plaintiffs than I’d anticipated), I wanted to highlight what I thought was a particularly interesting exchange on whether the State Department’s views on the ATS were entitled to some deference by the Court. Background first. I’d read the U.S. Government’s latest brief as arguing for something like a case-by-case approach on the question of which extraterritorial ATS cases might be...

[Dr. Smadar Ben-Natan is an Israeli and international lawyer, and postdoctoral fellow at the University of Washington, Seattle. She studies the intersection of international law, human rights, and criminal justice in Israel/Palestine, and has published on Israeli military courts, POW status, torture, and extraterritorial human rights.] [A previous version of this commentary was published in Hebrew by the Forum for Regional Thinking, part of the Van Leer Jerusalem Institute. The author is a board member at B’tselem, one of the organizations discussed in this commentary.] Part I of this commentary...

I’m looking forward to our joint symposium on Marko’s impressive book on extraterritorial treaty application. But before that begins, I wanted to flag a new opportunity for those looking to get international experience outside the United States. The Fulbright Program is inaugurating a new ‘Public Policy Fellowship’ for academic year 2012-2013. Here’s how they described it to me: The Fulbright Public Policy Fellowship will allow fellows to serve in professional placements in foreign government ministries or institutions and gain hands-on public sector experience in participating foreign countries while simultaneously carrying...

...detainees held in overseas military bases besides Gitmo. And if your answer to that question is yes, does it also apply when the United States has even lesser control, such as detention by international, coalition, or foreign forces at our request and encouragement. Is the fundamental difference that Gitmo is essentially “territorial”, while all the other detention arrangements are “extraterritorial”? I know you hint at an answer in the book, but I would appreciate it if you could clarify what you think the answer would be in these other scenarios....

...here for Spotify) The first three episodes include interviews with Arthur Ripstein (Toronto) on Kant and the laws of war, Lea Raible (Glasgow) on extraterritorial human rights obligations, and Adom Getachew (Chicago) on the efforts by African and Caribbean independence and decolonization movements at regional and international institution-building. Further episodes are planned on a roughly bi-weekly basis. If you would like to post an announcement on Opinio Juris , please contact John Heieck at eventsandannouncements[at]gmail[dot]com with a one-paragraph description of your announcement along with hyperlinks to more information. Thank you!...

...4. Participation Conditions for Non-State Actors 5. NGO Involvement Conditions on Joining a Treaty 6. Consent to be Bound 7. Reservations 8. Declarations and Notifications Constituting the Treaty and its Dissemination 9. Languages 10. Annexes 11. Entry into Force 12. The Depositary Applying the Treaty 13. Provisional Application 14. Territorial and Extraterritorial Application 15. Federal States 16. Relationships to Other Treaties 17. Derogations 18. Dispute Settlement Amendments 19. Standard Amendment Procedures 20. Simplified Amendment Procedures The End of Treaty Relations 21. Withdrawal or Denunciation 22. Suspension 23. Duration and Termination...

...is that the role of judicial review over extraterritorial targeting decisions is highly limited, at most, even when US citizens are involved. The accountability as such is between the political branches. Many people, including me, have urged the USG to greater transparency as to legal review and standards, not as some supposed legal obligation, but as an important tool for political accountability and legitimacy. (3) The CIA has been given an important diplomatic and political task in conducting operations in Pakistan that, up until recently and perhaps even still today,...