Search: extraterritorial sanctions
30 Nov A New Fulbright Fellowship in Foreign Governments (including a Focus on Justice)
I’m looking forward to our joint symposium on Marko’s impressive book on extraterritorial treaty application. But before that begins, I wanted to flag a new opportunity for those looking to get international experience outside the United States. The Fulbright Program is inaugurating a new ‘Public Policy Fellowship’ for academic year 2012-2013. Here’s how they described it to me: The Fulbright Public Policy Fellowship will allow fellows to serve in professional placements in foreign government ministries or institutions and gain hands-on public sector experience in participating foreign countries while simultaneously carrying...28 Jul The Uniqueness of Gitmo and the Practical Irrelevance of Boumediene
...detainees held in overseas military bases besides Gitmo. And if your answer to that question is yes, does it also apply when the United States has even lesser control, such as detention by international, coalition, or foreign forces at our request and encouragement. Is the fundamental difference that Gitmo is essentially “territorial”, while all the other detention arrangements are “extraterritorial”? I know you hint at an answer in the book, but I would appreciate it if you could clarify what you think the answer would be in these other scenarios....18 Apr Events and Announcements – 17 April 2022
...here for Spotify) The first three episodes include interviews with Arthur Ripstein (Toronto) on Kant and the laws of war, Lea Raible (Glasgow) on extraterritorial human rights obligations, and Adom Getachew (Chicago) on the efforts by African and Caribbean independence and decolonization movements at regional and international institution-building. Further episodes are planned on a roughly bi-weekly basis. If you would like to post an announcement on Opinio Juris , please contact John Heieck at eventsandannouncements[at]gmail[dot]com with a one-paragraph description of your announcement along with hyperlinks to more information. Thank you!...07 Feb A Blogging Hiatus and a Book
...4. Participation Conditions for Non-State Actors 5. NGO Involvement Conditions on Joining a Treaty 6. Consent to be Bound 7. Reservations 8. Declarations and Notifications Constituting the Treaty and its Dissemination 9. Languages 10. Annexes 11. Entry into Force 12. The Depositary Applying the Treaty 13. Provisional Application 14. Territorial and Extraterritorial Application 15. Federal States 16. Relationships to Other Treaties 17. Derogations 18. Dispute Settlement Amendments 19. Standard Amendment Procedures 20. Simplified Amendment Procedures The End of Treaty Relations 21. Withdrawal or Denunciation 22. Suspension 23. Duration and Termination...20 Oct Why the CIA and Drones?
...is that the role of judicial review over extraterritorial targeting decisions is highly limited, at most, even when US citizens are involved. The accountability as such is between the political branches. Many people, including me, have urged the USG to greater transparency as to legal review and standards, not as some supposed legal obligation, but as an important tool for political accountability and legitimacy. (3) The CIA has been given an important diplomatic and political task in conducting operations in Pakistan that, up until recently and perhaps even still today,...
21 Jan Unequal Treaties Revisited: Coercive Trade Agreements in a Fragmented Global Economy
...Hong Kong, the opening of treaty ports, and extraterritorial privileges for foreign nationals. Similar arrangements were imposed on pre-Meiji Japan (1854 Treaty of Kanagawa) and Korea (signed with Japan after the Meiji Restoration, 1876 Treaty of Ganghwa), often under conditions of gunboat diplomacy. These historical unequal treaties had distinct commercial dimensions. First, states such as China and Korea lost their autonomy over tariff-setting, with tariff levels fixed at low rates favourable to Western imports. Second, the inclusion of Most-Favoured-Nation (MFN) clauses locked weaker states into perpetual concessions, ensuring that any...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...14 Mar YLS Sale Symposium: A Salvage Operation–Refugee Rights Advocacy in the United States after Sale
[Bill Frelick is the director of Human Rights Watch’s Refugee Rights Program. See part one of his post here.] Since Sale v. Haitian Centers Council judgment in 1993 settled the issue of extraterritorial application of the principle of nonrefoulement in US domestic law, US-based refugee rights advocates after 1993 were left without recourse to US courts. But, writing for the Sale majority, Justice Stevens had said, “The wisdom of the policy choices by Presidents Reagan, Bush, and Clinton is not a matter for our consideration.” Accordingly, US advocates turned their...11 May The Most Cited US Cases Related to International Law
...they make or domestic issues that they raise. So take all this with a grain of salt. Add any cases I missed in the comments, and we’ll turn this post into a wiki. Nonetheless, note that the most cited case US case related to international law that I found comes from the Second Circuit – U.S. v. Alcoa (extraterritorial jurisdiction) has been cited 714 times. BNC v. Sabbatino, the act of state doctrine case, came next with 501 references. Two comity cases, Hilton v. Guyot and Hartford Fire v. CA...11 May RFRA at Guantanomo Bay
...precedent in Rasul v. Bush, the district court ruled that RFRA applies to Guantanomo Bay. Here is an excerpt: The defendants argue that RFRA does not apply extraterritorially, specifically, to the U.S. Naval Base at Guantanamo Bay…. The defendants argue that Congress intended for RFRA to apply only to government action in the continental United States…. RFRA defines the government to include, inter alia, covered entities. 42 U.S.C. § 2000bb-2(1). In turn, covered entities means “the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of...