Search: extraterritorial sanctions
09 Mar GOP Iran Letter Might Be Unconstitutional. Is It Also Criminal?
...other hand, it is not clear that with the Cotton letter there is a "measure" of the U.S. involved. Indeed, one can frame the letter as defending more obvious measures of the U.S., like the Security Council-authorized sanctions regime. I would be very hesitant to define "measures" as "executive foreign policy but not relevant legislation". Or what about a candidate who promises to sign a treaty if elected? And then of course there is Snowden. Jordan Eugene: a statement by a politician is not correspondence sent to a foreign govt....11 Mar Dealing with Iran: A Primer on the President’s Options for a Nuclear Agreement
...that is all about political commitment and then verified compliance by all sides with their commitments. I don't think the legal character of the agreement will have any bearing on how well it is implemented. That will depend solely on the political will of all parties. I'm far more concerned about the US not abiding by its commitments relating to sanctions than I am about Iran abiding by its commitments to freeze its nuclear program and agree to an additional protocol with the IAEA. William Worster Setting aside the many,...17 Nov Hell Hath No Fury Like a Tribunal Scorned (Updated)
...conduct of trial"). Concerning your last phrase: It is my understanding that the power to impose penal sanctions for the crimes defined in the statute is distinct from the question of power to sanction contempt of court: In-compliance with the rules of procedure (e.g. contempt of court) is neither a criminal offense nor an infraction (which are material law). Fine or detention penalties for such conduct are sui-generis sanctions of procedural law (at least in continental law). As procedural jurisdiction powers are explicitly assigned through Art. 15, the power to...02 Oct Book Symposium Investment Law: International Criminal Responsibility of Transnational Corporate Actors Doing Business in Zones of Armed Conflict
...Supreme Court has recognized over the years (in 20 cases) that corporations and companies can have duties and rights under treaty-based and customary international law. http://ssrn.com/abstract=1701992 There have always been a number of non-state actors with formal participatory roles and international law has, therefore, never been merely state-to-state. Sanctions against corporations and companies have normally been economic in nature. Better awareness of the roles of various non-state actors in the 18th, 19th, and 20th centuries should be helpful with respect to future efforts to assure normative compliance and effective sanctions....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 May Amnesty’s Torture List
...me suggest two other controversial legal arguments and ask you whether you think they too should be subject to criminal or ethical sanctions.The bombing of Serbia without UN Security Council authorization is NOT a violation of the UN Charter. Abortion is a fundamental individual right protected by the due process clause of the 14th Amendment. In both cases, there are difficult arguments on both sides. Would it really advance our credibility as a profession (lawyers) to seek prosecution and/or disciplinary sanctions for lawyers who made arguments in favor of these...18 Feb Constitutional Right, No Gitmo Remedy
...over who crosses U.S. borders, it’s not for the courts to decide otherwise absent some very clear authorization. So “what law authorized the district court to order the government to bring petitioners to the United States and release them here?” Not the Due Process Clause, says the D.C. Circuit. Immigration cases have always held that the Constitution doesn’t extend to non-citizens held beyond the “sovereign territory” of the United States. (Never mind, I suppose, that Justice Kennedy’s Boumediene majority no longer thinks sovereignty is the touchstone for the extraterritorial extension...
04 Apr Is 2022 the Year of Genocide? Recent Events at the ICJ Suggest Yes
...prompted to respond to a legal finding of genocide through sanctions, boycotts, or the pursuit of universal jurisdiction cases, especially in light of Article I’s obligations “to prevent and to punish,” which the Court has long held are “not territorially limited by the Convention.” This extraterritorial duty will, as mentioned previously, be relevant to the Ukraine case, in which the Court will determine whether Russia’s use of military force to prevent and punish “genocide” in Ukraine is legal. This inquiry could, in tandem with an advisory opinion on whether China...24 Apr Kiobel Insta-Symposium: A More Positive Outlook for International Law
...consensus, rather than unilateral means. Unilateral extraterritorial regulation of the foreign-cubed variety, where one state purports to dictate conduct in another state’s territory, is in tension with international norms and basic principles of democracy. It’s also a perspective that believes human rights become universal not through some sort of predetermined inevitability, but only through careful building of alliances and legitimacy between different groups joined in purpose. The concern therefore should not be that U.S. courts will become the world’s courts. Rather it’s that any court, in any nation, can assert...03 Oct International Law Weekend, October 20-22
...night at the City Bar will address whether international law has seen “The Death of Sovereignty?” in an era of debt downgrades, seccesionist conflicts, and covert military operations — and will be followed by a free wine and cheese reception. Panels starting at 9 a.m. on Friday at Fordham will look at International Law and U.S. Grand Strategy, the Extraterritorial Reach of Anti-Bribery Legislation Libel Tourism, the UN Disabilities Convention, Sharia and U.S. Law, Developments in Commercial Arbitration, Access to Justice in the Middle East North Africa Region, Regulation of...