Search: extraterritorial sanctions
28 Jun Suing Corporations for Violating International Law: A Step Forward
...that foreign corporations cannot be sued under the ATS; Nestle USA hoped to extend that bar to domestic corporations as well. The company presented only two questions for review. One was whether “general corporate activity” in the U.S. is enough to overcome the presumption against extraterritorial application of the ATS. The second was “[w]hether the Judiciary has the authority under the Alien Tort Statute to impose liability on domestic corporations.” According to Justice Alito, the second question — whether U.S. corporations can be sued — was “primary.” Not only...
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...29 Aug Emerging Voices: Domestic Regulation of Universal Jurisdiction–The Role of National Prosecutors.
...extraterritorial crime. In fact, some of the most prominent examples of universal jurisdiction cases commenced in this manner. However, this legal mechanism is quickly becoming a thing of the past with many states closing off this means of judicial access. In Belgium, the consent of the Federal Prosecutor is required for the initation of an investigation into international crimes under Article 16 (2) of the Law on Grave Breaches of International Humanitarian Law (August 2003). Prior to 2003 it was possible for individuals to commence such proceedings. Equally, in the...25 Nov International Law Does Not Prohibit Commercial Asteroid Mining. Nor Should It.
...limiting itself to authorizing private citizen (as opposed to “national”) exploitation, and subjecting that exploitation to “international obligations of the United States.” The Act also goes on to “disclaim” extraterritorial sovereignty (shouldn’t that be “extraterrestrial” by the way?) It is the sense of Congress that by the enactment of this Act, the United States does not thereby assert sovereignty or sovereign or exclusive rights or jurisdiction over, or the ownership of, any celestial body. I think the law’s backers are correct that it does not violate US treaty obligations. All...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...09 Aug A Business and Human Rights Treaty: The Risks of Human Rights Counter-Diplomacy
...to address in the early stages of this draft. Looking forward A treaty that would link B&HR would provide a more coherent and less fragmented international law, stipulating that human rights would take part of the law that regulates businesses. A treaty could clarify the precise content of states’ duty to protect human rights by being explicit in the extraterritorial reach of this duty, in order to dissipate any confusion. It would define clear legal obligations of corporations with respect to human rights, and could address how multi-national corporations can...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...
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...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...