Search: extraterritorial sanctions
08 Dec A Response to Justine Nolan by Odette Murray, David Kinley and Chip Pitts
...sought to “underscore the distinction between a principle of law, which is a matter of substance, and the means of enforcing it, which is a matter of procedure or remedy.”[7] The Court holds that the issue of corporate liability under the ATS is one of remedy, to be determined by domestic law. The Exxon and Flomo judgments also consider a number of other important issues in ATS jurisprudence, including the dismissal of the defendants’ arguments against the extraterritorial application of the ATS, and, in Exxon, the identification of the correct...24 May The US’s Retreat from IHL (or, the Triumph of Ryan Goodman)
...— it’s unclear from the fact sheet — its new understanding of the use of lethal force applies only to the current conflict. Second, although I don’t imagine that the US much cares, the jus ad bellum-like targeting standards announced in the fact sheet do not necessarily satisfy the limitations on lethal force imposed by international human rights law. As I have pointed out ad nauseum on the blog (see here for an example), whether an extraterritorial use of force is legitimate under the jus ad bellum says nothing about...17 Apr Justice Kennedy’s One-Paragraph Concurrence
...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....12 Apr The Coming Attack on Syria Will Be Unlawful
...the Russian gander. This is the most frightening aspect of Trump’s madness: although the Syrian military is capable of doing far more damage to American forces than Iraq’s or Libya’s militaries ever were, Russia’s military is one of the most powerful and technologically-sophisticated in the world. A hot war between Russia and the US could be literally catastrophic. None of this jus ad bellum analysis should be remotely controversial — at least not to those who don’t believe the US has the God-given right to use extraterritorial force wherever and...23 Jun Weekend Roundup: June 16-22, 2012
...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...20 May Guest Post: The Human Rights Impact of Drone Strikes
...greater fidelity to traditional understandings of international law. (Harold Koh, the former Legal Advisor to the U.S. Department of State, made similar pleas around transparency during his May 7 speech at Oxford.) These are all critical points that Congress and others should be hearing, but I would like to shift the focus—away from U.S. responsibilities and on to the responsibilities of the States that consent to the use lethal force on their territories. This is part of the “drone” discussion (or, to be more accurate, the “extraterritorial use of lethal...06 Jul LJIL Symposium Vol 25-2: Beyond Constitutionalism? – A comment by Daniel Halberstam
...the United Nations in a question of enforcing UN Security Council sanctions is the same as that between the United States and Egypt in the case of the extraterritorial application of anti-trust law. But to think that the two scenarios are governed equally by politics alone, is to miss something important. Post-national governance, to use the fashionable term, involves more than mere “multiplicity.” It depends on constitutional connective tissue between the various legal systems that are at play with one another. The plural theory of constitutionalism that I, for one,...
20 Dec It Takes Two: The Protection of Civilians during Sieges under the IHL Prohibition against Starvation and the Right to Food
...populated space on its own territory, the state may lack control over these parts. Practice of human rights bodies suggests though that siege scenarios are unlikely to translate into reduced state obligations vis-à-vis the besieged population when undertaking military actions. Extraterritorial jurisdiction also appears to exist. Secondly, it is controversial whether human rights obligations for armed groups exist or not. Finally, there is the difficulty to determine the actual content of the right to food applicable during armed conflict. Obviously, the obligations to respect, protect and fulfill the right to...
12 Feb Reforming Military Obedience: Strengthening Vertical Checks on Trump’s (Ab)use of War Powers
...malaise about removing human judgment from the cycle of violence, including at the stage of executing orders. For example, Christof Heyns, then UN Expert on Extraterritorial Execution, called the use of force without reflection “mechanical slaughter.” One of the concerns expressed by Heyns, in comparing AWS with human soldiers, was precisely the lack of “ability of robots to distinguish legal from illegal orders.” The development of mechanical soldiers has, it seems, contributed to a greater recognition of the value of human judgment and common sense in human soldiers. Embracing that...