Search: extraterritorial sanctions

...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...

...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...

...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...

...the Joint Chiefs of Staff, is quoted as saying: “How do you understand sovereignty in the cyberdomain? It doesn’t tend to pay a lot of attention to geographic boundaries.” Putting aside what may be the fundamental territorial misunderstanding in the quote, I wonder what the evolution of territoriality suggests with regard to this national security initiative. Kal’s book details the various extraterritorial options. Conquering and controlling “cyberterritories” is obviously out of the question. But assuming soverign borders are still operative in this context, Kal’s book suggests several other options. Will...

...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...

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...

...as Germany, Canada, the UK, and others breach the UN Convention on the Rights of the Child (CRC) and the UN Guiding Principles on Business and Human Rights. He does, rightly, acknowledge that these instruments do not “have much teeth”, but without explaining why or what changes are needed to advance the fight for vaccine equality. There are significant questions about the extraterritorial reach of the CRC that are too complex for a blog post, but it is the lack of a significant enforcement mechanism that is the real problem....

...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...