Search: extraterritorial sanctions
03 Oct Kiobel Roundtable: The Devil in the Details
...ATS claims arising in the territory of foreign states would require rejecting thirty years of ATS litigation, including the holding of Filártiga v. Peña-Irala. As Justice Kagan explained, it would also require abandoning the reasoning of the Court’s 2004 decision in Sosa v. Alvarez-Machain. Justice Scalia pointed out that applying the presumption against extraterritoriality would bar claims arising on the high seas as well as those arising in the territory of a foreign state, despite Sosa’s indication that the ATS was intended to apply to piracy, an international crime that...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...
24 Jan Taking Territory of a Third State Seriously: Beginning of IAC and the Strike Against Major General Soleimani (Part I)
[ Pouria Askary is an assistant professor of international law at Allameh Tabataba’i University, and Katayoun Hosseinnejad is a university lecturer of international law in Iran.] As discussed by many scholars and commentators (see e.g. here, here and here) the extraterritorial operation by the US armed forces on 3 January 2020 at Baghdad international airport which led to the assassination of Major General Soleimani, the commander of the Quds Force of Iran, was a flagrant violation of the peremptory norm on prohibition of the use of force enshrined in Article...
30 Oct Fourth Annual Symposium on Pop Culture and International Law: The “Panem Statute” – the Reconfiguration of the State of Panem and the Trial of Coriolanus Snow for War Crimes and Crimes Against Humanity
...criteria for statehood (Montevideo Convention, 1933), which requires (a) permanent population; (b) a defined territory; (c) government; and (d) the capacity to enter into relations with other states. Yet, it has been recognized (ICRC Commentary of 2016) that NIACs can involve extraterritorial aspects, when a foreign State – District 13 – joins one party to the conflict – the rebel groups from the other Districts, rendering the conflict non-international in nature, as long as the State does not exercise effective control of the groups, which is not the case. Having...26 Mar Kiobel (I): ATS Arguments Make for Strange Bedfellows
...on extraterritoriality. Now the conservatives point to U.S. law – the judge-made presumption against extraterritoriality – and liberals point to the international status of the offenses. It is like a game of Twister. Neither position is fully correct. There may be a place for extraterritoriality in ATS cases, but in a much narrower class of cases then where it is currently applied. The following two posts will draw on much of my prior work, and I hope the reader forgives me not recapitulating the entire argument of those articles here....28 Jul Constitutional Domain and the Court
In reading Kal’s description of territoriality’s ebb and flow, I was particularly interested in the evolution in judicial thinking with regard to constitutional scope or domain. His description of the path from In re Ross, which stated emphatically that the Constitution does not follow the flag, to Reid and Boumediene, which give some extra-territorial force to the Bill of Rights and other constitutional guarantees, is excellent. The evolution has obviously been gradual, even glacial. Within this narrative, there are some fascinating examples of courts dramatically pushing constitutional boundaries outward, including...
07 Jul A Crisis of International Law or of Mutual Respect? An Optimistic Legacy to Our Students
...a sort of double standard in the enforcement of international law, which strikingly differs depending on whether the wrongdoer is a great power or one of its closest allies. Thirdly, other unilateral measures affecting global problems have multiplied despite clear-cut treaty prohibitions on them: the imposition of customs tariffs, the deportation of migrants, the extraterritorial arrest of drug traffickers and terrorists, the boost in greenhouse emissions, and the sanction of UN and ICC officials just for doing their job. Fourthly, an ever-growing number of states are withdrawing from, or hampering...