Search: extraterritorial sanctions
21 Nov The Ninth Circuit’s Muddled Comity Analysis in Mujica
Last week the Ninth Circuit issued a controversial opinion in Mujica v. Airscan, Inc., that sharply limits the scope of human rights litigation. The claims in Mujica arose in Colombia and allegedly implicate corporate collusion with the Colombian military. Following Kiobel the common consensus was that Alien Tort Statute litigation would be severely curtailed based on the presumption against extraterritoriality. Not surprisingly, the Ninth Circuit rejected the Plaintiffs’ claims, finding that where the only connection to the United States was the Defendants’ nationality, the claims do not “touch and concern”...01 May A Return to “Diplomatic Asylum”?
...NGO activities in Egypt before being allowed to leave the country. I had always thought “diplomatic asylum” something of a misnomer, as often paired with the common misunderstanding that embassy premises are extraterritorial (as in, that the US embassy in Beijing counts as US territory, which in fact it doesn’t). Turns out that the term has some historical traction, even though the its operation now appears to turn on the inviolability of diplomatic premises under the Vienna Convention on Diplomatic Relations and not any distinctive legal doctrine. Much of that...24 Jan Kevin Jon Heller Responds to Professors Darryl Robinson and Carsten Stahn
...think that the text of Article 17 supports such efforts, but the efforts are there nonetheless. So one of the basic goals of my Article is to demonstrate that it may well be counterproductive to insist that states prosecute international crimes as international crimes, given their legal and evidentiary complexity. Second, although Carsten seems to concede that international crimes are more difficult to prosecute domestically than ordinary crimes, he points out that they have their advantages, such as to offer ‘”a broader basis for jurisdiction (i.e. prosecution of extraterritorial acts),...
11 Jul Death by Omnibus? The European Commission’s Proposal and the Fate of the Corporate Sustainability Due Diligence Directive (Part II)
...for harmonized civil liability, the Omnibus defers entirely to national tort laws, where many Member States do not currently recognize a clear duty of care for extraterritorial harms. Additionally, the deletion of the provision enabling NGOs and trade unions to bring representative actions places the burden of initiating transnational litigation solely on individual victims—often rural communities, migrant workers, or Indigenous peoples lacking sufficient resources for protracted legal proceedings—and the absence of collective redress procedures under EU law further diminishes the likelihood of meaningful remedy. Misalignment with International Standards and Practices...27 Jul The Origins of the Non-Extraterritoriality of the Bill of Rights
...readable. Nevertheless, because praising a book quickly becomes boring (for everyone other than the author!), I will try to bring out some differences in our assessments of at least part of the historical materials he discusses – in particular, those which concern the question of the extraterritorial application of the Bill of Rights. One of Kal’s core claims is about the fundamentality of territoriality in the development of U.S. law, including with respect to the application of the Bill of Rights to aliens overseas. The importance and topicality of this...16 Jan Post-Kiobel, Are We All Ready to Move On From the ATS?
...for the Court by Chief Justice John Roberts and the main concurring opinion by Justice Stephen Breyer refused to interpret the ATS as authorizing universal jurisdiction. All nine justices rejected decades of lower-court precedent and widespread scholarly opinion when they held that the ATS excluded cases involving purely extraterritorial conduct, even if the alleged conduct constituted acts that are universally proscribed under international law. In this short essay, I argue that the surprising death of universal jurisdiction reflects the triumph of the “separation of powers” critique of the ATS, which...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...09 May Bellinger Concludes Testimony Before UN Committee Against Torture
...President of the United States had made it clear that torture anywhere was an affront to human dignity everywhere and that freedom from torture was an inalienable right. Beyond the protections in the Constitution, United States criminal law prohibited torture. There were no exceptions to that prohibition. The Congress had also passed laws that provided for severe federal sanctions, both civil and criminal, against those who engaged in torture outside the territory of the United States…. In respect of Committee questions concerning United States actions taken in response to the...02 Apr Events and Announcements: April 2, 2019
...H St. NW, Washington, DC, USA. For registration information, see here. For those who cannot make it in person, the event will be webcast for free. For further information, see here. Announcements The Codification Division of the Office of Legal Affairs recently added the following lecture to the Lecture Series of the United Nations Audiovisual Library of International Law (AVL) website: Mr. Alejandro Chehtman on “Extraterritorial criminal jurisdiction” (in Spanish). The Audiovisual Library is also available as an audio podcast, which can be accessed through the preinstalled applications in Apple...
28 Aug Minding the Gap, Properly: Conflict Classification, Protected Persons, and What the Geneva Conventions Already Require (Part II) – A Reply to Alexandria Virginski
...even secure agreement on modalities and a work plan. Divergence over the extraterritorial reach of human rights law, and State reluctance to confer anything resembling status on armed groups, were among the obstacles in both processes. A reform proposal has to engage with the record of the terrain it proposes to enter. We ask, what would make a treaty negotiation succeed where the 2012 and 2015 processes stopped short? And, which of the objections were principled and which merely convenient? Where the Gap Actually Lies We want to close constructively,...