Search: extraterritorial sanctions
17 Mar YLS Sale Symposium: Sale’s Legacies
...exalted the so-called statutory “presumption against extraterritoriality,” a trend the current Court strengthened in its recent Kiobel decision. Justice Blackmun’s compelling dissent skewered the majority, underscoring not only that the text and meaning of the INA and Refugee Convention were simple and crystalline—“Vulnerable refugees shall not be returned”—but also that that object and purpose would be entirely thwarted if those legal obligations did not apply extraterritoriality to protect fleeing refugees. Looking back, Justice Stevens’ decision is most striking for its frank and admirable acknowledgement of the “moral weight “ of...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 Sep Method to the Madness? John Bolton and US Objections to ICC Jurisdiction
...resolved under the customary international law of jurisdiction. The Lotus and the distinction between prescriptive and enforcement jurisdiction The starting point when considering whether territorial states may or may not delegate their prescriptive and enforcement jurisdiction by treaty to an international court over nationals of non-consenting states is of course The Lotus. With respect to the exercise of prescriptive jurisdiction, Lotus stands for the principle that ‘what is not prohibited is permitted’ (a prohibitive rule). This rule does not apply to the extraterritorial exercise of enforcement jurisdiction as Lotus holds...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...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...