Search: extraterritorial sanctions
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...18 Apr Kiobel Insta-Symposium: After Kiobel: Human Rights Litigation in State Courts and Under State Law
[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...
21 Jul Universal Jurisdiction: Arguments for a More ‘Universal’ Double Criminality Requirement in France
...apply (here, and here). Although causing much controversy in France, double criminality is not practiced by other states actively exercising universal jurisdiction such as Belgium, Germany and Sweden. Whilst the principle is recognized as an essential safeguard to extraterritorial prosecutions before domestic courts, the present post shows that it is fulfilled in the specific context of universal jurisdiction over international crimes. Double criminality as a requirement for universal jurisdiction was first applied by the Court of Cassation in the Chaban case in November 2021. As a former reservist of the...
12 Apr The Apartheid Reports: A Paradigm Shift on Israel/Palestine (Part I)
[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.] Over the last 18 months,...
22 Jul Space Law at the Crossroads: Contextualizing the Artemis Accords and the Space Resources Executive Order
...Intergovernmental Agreement (ISS-IGA). The moniker comes from NASA’s mission to land “the first woman and the next man” on the Moon by 2024. More recently, NASA has released its constitutive principles (Artemis Principles). The latest move follows President Trump’s Executive Order (EO) promulgated in April 2020 which recapitulates the US policy on commercial recovery and use of space resources. The Order clearly stated that the US does not view outer space as “a global commons”—a term used to signify extraterritorial spaces with common-pool resources. The Accord is consistent with the...20 Apr Weekend Roundup: April 13 – 19, 2013
majority’s opinion may have made the ATS more robust by clearing up some issues, she agreed with other commentators that Justice Breyer’s concurrence took the better conceptual approach. Anthony Colangelo criticised the majority opinion for extending the presumption against extraterritoriality to causes of action, which as part of lex fori are by definition not extraterritorial. Also favouring the Breyer concurrence was John Knox, who was happy to see the presumption against extrajurisdictionality resurfacing. Alex Mills pointed out that by applying a presumption against total extraterritoriality, i.e. in foreign cubed cases,...26 Jul International Law in the U.S. Supreme Court: Professor Alford on Extraterritoriality
The joy of this project was making the kind of discovery Roger Alford recounts in his post. Alford’s chapter on international law as interpretive tool from 1901 to 1945 discusses, among other things, the Supreme Court’s various approaches to the extraterritorial reach of statutes during that period. Among these approaches was the government purpose test of Unites States v. Bowman (1922). It is interesting to compare Bowman to the Supreme Court’s 2010 decision in Morrison v. National Australia Bank. In Morrison, the Court applied the presumption against extraterritoriality to the...
05 May A Radical Shift in Libyan and International Priorities is Necessary to Protect Health and Save Lives in Libya
...CRC, the authorities must also seek international cooperation and assistance to boost their scarce resources to fulfill the right to health. The Committee on Economic, Social and Cultural Rights has made clear that States must coordinate with each other in the allocation of responsibilities, including by cooperating to provide “humanitarian assistance in times of emergency” and “contribut[ing] … to the maximum of its capacities.” The obligations under the ICESCR and the CRC are set out at greater length in the Maastricht Principles on Extraterritorial State Obligations in the Area of...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...