Search: extraterritorial sanctions
23 Jun Revisiting International Cooperation on Illicit Trafficking by Sea: Indonesia and the Final Voyage of the M/V Wise Honest (Part I)
...as M/V Wise Honest’s flag state, would likely never have authorised foreign interdiction and equally, in such cases, never diverted the M/V Wise Honest to an appropriate port for inspection as then required (Res 2375, para. 8). Clearly, designation of the M/V Wise Honest by the UN Sanctions Committee and publication of DPRK’s noncompliance (Res 2375, paras. 8-9) would have been a more palatable result for DPRK than risking the loss of a cargo vessel at a time when all states are to prevent the transfer of new or used...02 Nov U.S. Court Convicts “Chucky” Taylor of Torture
“Chucky” Taylor, son of former Liberian President (and current war crimes defendant) Charles Taylor, was convicted Friday in Florida federal court of committing torture when he was with his father in Liberia. What makes Taylor’s conviction news (although only news overseas, apparently, since it didn’t make any of the leading U.S. newspapers) is that it is the first conviction under the 1994 Extraterritorial Torture Statute, 18 U.S.C. 234 and 2340A, which was enacted to implement U.S. obligations under the Convention Against Torture (for an interesting profile of Chucky in Rolling...23 Jul Emerging Voices: Responsibility of the Netherlands for the Genocide in Srebrenica–The Nuhanović and Mothers of Srebrenica Cases Compared
...ground. It implicitly distinguished a de jure and de facto basis of extraterritorial jurisdiction. The Netherlands formally (de jure) had jurisdiction because the territorial entity, the State of Bosnia-Herzegovina, had basically surrendered its competence to govern in the area to the United Nations Protection Force (UNPROFOR). Clearly, UNPROFOR cannot be equated with the State of the Netherlands, but considering the Supreme Court’s answer to the attribution question (see above), this was nonetheless relevant. The Netherlands also had de facto jurisdiction, because an examination of the facts had shown that it...20 Oct YJIL Symposium: Response to Mark Wu
...Article XIV will prove a major hurdle to liberalization of trade in services conducted electronically. Article XIV allows countries to derogate from their liberalization obligations if necessary to protect public morals or the public order. This escape valve seems a wise measure to prevent the imposition of sanctions in cases where a particular trade liberalization would imperil domestic morals or domestic order. The proponents of GATS recognized, however, that claims of public morals or public order might be used to disguise protectionist regulation, and thus the WTO properly limited the...
27 Oct International Law and Popular Culture Symposium: International Law and the Theatre – An Interview with Playwright Anchuli Felicia King
...that statute, and why the Supreme Court keeps trying to limit its extraterritorial reach. But human rights lawyers and NGOs only resort to what are essentially legal loopholes like the ATS, because it’s so extraordinarily difficult to litigate cases about human rights abuses across different countries. I think it speaks to a broader structural imbalance enmeshed in our international legal institutions: that it’s far easier for powerful state actors and wealthy corporations to access (or evade) justice than poorer nations or oppressed individuals. Another thing that I discovered is...09 Apr Federal District Court Rules on Torture Allegations
...each make clear that the Constitution’s reach is not so expansive that it encompasses these nonresident aliens who were injured extraterritorially while detained by the military in foreign countries where the United States is engaged in wars.” After reviewing these decisions, the Court concluded that “it is considered settled law that nonresident aliens must be within the sovereign territory of the United States to stake any claim to the rights secured by the Fifth Amendment.” And as for Eighth Amendment claims, the Court ruled that “even assuming the Eighth Amendment...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...