Search: extraterritorial sanctions

Rather than dwelling further on any prediction of what kind of opinion the Court is likely to produce following oral arguments in Kiobel (FWIW, I thought arguments went better for plaintiffs than I’d anticipated), I wanted to highlight what I thought was a particularly interesting exchange on whether the State Department’s views on the ATS were entitled to some deference by the Court. Background first. I’d read the U.S. Government’s latest brief as arguing for something like a case-by-case approach on the question of which extraterritorial ATS cases might be...

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...

...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....

...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!...

...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...

...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,...

...applicable to extraterritorial actions, at least in these ways — even if one grants, as the US does not, that the International Convention on Civil and Political Rights (ICCPR), for example, applies extraterritorially. The US government has responded to the Special Rapporteur on Extrajudicial Execution that it regards his inquiries as beyond his legal mandate because they run to armed conflict, and therefore outside of his remit. I’d add (and I haven’t double checked; perhaps the Obama administration has actually said) that even outside of armed conflict law, targeting of...

...of documentation cannot be overestimated. As part of the efforts to resist denialism, dedicated documentation efforts have foregrounded the experiences of victims/survivors, kept their narratives alive, and provided a wealth of evidence to push back against misinformation and revisionism.   Second, and related to this, documentation has also laid the basis of the most remarkable and internationally discussed developments, namely criminal litigation efforts that opened a crack in the wall of impunity. Multiple prosecutorial initiatives under the principle of universal jurisdiction – as well as other forms of extraterritorial jurisdiction –...

We regret to inform our readers that we have had to remove a post entitled “Legality of Extraterritorial Coercive Economic Measures Taken Against Russia from the Lens of International Trade Law” and published on our site in September 2022. It has recently come to our attention (and has been conceded by the author submitting that piece) that the post was translated and reproduced in substantial part from the piece “Considerazioni Sulle Misure Coercitive Adottate Nei Confronti Della Federazione Russa E Della Bielorussia Alla Luce Del Diritto Del Commercio Internazionale”, authored...

...Juris, David Glazier (Loyola, LA), Detlev Vagts (Harvard), Roger Clark (Rutgers-Camden), Devin Pendas (Boston College) and Lawrence Douglas (Amherst). The discussion will start with a cross-posted introduction by Kevin today, and end with his reply to the discussants on Friday. Both the discussants and our readers are of course welcome to join in in the comments. Following discussion of Kevin’s book, Opinio Juris and EJIL:Talk! will host a joint discussion of Marko Milanovic’s book, Extraterritorial Application of Human Rights Treaties: Law, Principles and Policy (Oxford UP). Cross-posted at EJIL: Talk!...

...proposition that the Rome Statute obligates state parties to enact universal jurisdiction for ICC crimes Step 2: the decision to code a state as having enacted universal jurisdiction if it (a) is a party to the Rome Statute and (b) its domestic law provides for jurisdiction over crimes obligated by international treaty As I explained in my original post, Step 1 is flawed. The Rome Statute does not include universal jurisdiction, and has no obligation whatsoever for state parties to provide (extraterritorial) jurisdiction for ICC crimes. I suspect that the...

...to protect and its implementation.” What is perhaps more interesting is what the Report does not say: it does not mention Libya, which continues to be the real hot button precedent on R2P it does not mention military intervention, or the role of the Security Council it does not mention extraterritorial obligations of states it does not mention the ICC it does not mention new technology On the latter two points, see this July 2013 Report on R2P by Madeleine Albright and Richard Williamson. The Secretary General has recently appointed...