Search: extraterritorial sanctions
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...05 Jun Targeted Killings Symposium: John C. Dehn on Richard Meyer and Col. Maxwell on Status-Based Targeting
...application) international law that attempts to delineate the circumstances under which terrorist violence might become “hostilities” in a NIAC. Meyer senses this problem, classifies it as a “jus ad bellum” issue, but then characterizes it as a “collective political decision” rather than a legal issue (effectively extracting most of the jus from the jus ad bellum). The decision to attack an extraterritorial non-state organized armed group is probably a political question under the framework of the U.S. Constitution, but is not so from the perspective of international humanitarian and human...16 Oct Canadian Provinces Suing Americans for Transboundary Harm
...Richard Lazarus helpfully commented to us during the inaugural Harvard-Boalt-UCLA Junior Environmental Scholar workshop that he has seen variations of this before – that this lawsuit would be an attempt to change the “default position” in an unresolved environmental conflict. I think that is true, although we did not articulate that as directly or elegantly as Professor Lazarus did. Our paper presents a melding of two different conflicting perspectives. Austen Parrish, the international scholar, generally laments the extraterritorial application of domestic law, while I, the environmentalist, look for ways to...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...