Search: extraterritorial sanctions

[ 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...

...greater fidelity to traditional understandings of international law. (Harold Koh, the former Legal Advisor to the U.S. Department of State, made similar pleas around transparency during his May 7 speech at Oxford.) These are all critical points that Congress and others should be hearing, but I would like to shift the focus—away from U.S. responsibilities and on to the responsibilities of the States that consent to the use lethal force on their territories. This is part of the “drone” discussion (or, to be more accurate, the “extraterritorial use of lethal...

...has been developed in the jurisprudence of the Committee on Economic, Social and Cultural Rights (CESCR) and other sources, such as the Maastricht Principles on Extraterritorial State Obligations in area of ESCR.  This obligation means that States should coordinate with each other in the allocations of responsibility to address COVID-19, as well as acting in concert through international agencies, such as the World Health Organization. In addition, certain States, typically developing States with fewer available resources, should seek international assistance to ensure the effectiveness of their COVID-19 responses when, despite...

...as originally understood, article 51 did not permit extraterritorial force against non-state actors without the consent of the territorial State. The real question, therefore, is whether state practice, whether as a constituent element of customary international law, or as subsequent practice for the purposes of interpreting the UN Charter, could have modified this original state-centric reading of the Charter. This question is at the heart of a forthcoming book, The Trialogue on the Use of Force against Non-State Actors (Mary Ellen O’Connell, Christian Tams, Dire Tladi). In my view, an...

Douglas Burgess, Jr., has an editorial in today’s New York Times arguing that piracy should be considered terrorism in order to facilitate its prosecution. It’s an interesting piece, but I have to take issue with the basic premise of his argument: Are pirates a species of terrorist? In short, yes. The same definition of pirates as hostis humani generis could also be applied to international organized terrorism. Both crimes involve bands of brigands that divorce themselves from their nation-states and form extraterritorial enclaves; both aim at civilians; both involve acts...

...VI. TREATY CLAUSES Initial Decisions on Treaty-Making Distinguishing Political Commitments from Treaties Object and Purpose Participation Conditions for States Participation Conditions for Non-State Actors NGO Involvement Conditions on Joining a Treaty Consent to be Bound Reservations Declarations and Notifications Constituting the Treaty and its Dissemination Languages Annexes Entry into Force The Depositary Applying the Treaty Provisional Application Territorial and Extraterritorial Application Federal States Relationships to Other Treaties Derogations Dispute Settlement Amendments Standard Amendment Procedures Simplified Amendment Procedures The End of Treaty Relations Withdrawal or Denunciation Suspension Duration and Termination Index...

...right to use force in self-defense more easily. First, the nature of the potential attacker: Although state practice in the aftermath of international armed conflict suggests no change from the traditional conception of armed attack when two states are involved, consider how the aftermath of an extraterritorial conflict against a non-state group, particularly a terrorist group, might contribute to driving down the threshold for an armed attack. After the state has suffered an armed attack and used force in self-defense against the non-state group already, leading to the armed conflict...

...indicated, the same Ninth Circuit majority also held in Sarei that the adjudication of transitory torts under the Alien Tort Statute does not violate a statutory presumption against extraterritoriality (slip op. at 19334-39) (or, I might add, international law constraints on the extraterritorial application of U.S. law, since the conduct-regulating norms being applied under the ATS come from international law). In addition, in response to an argument raised by the dissent, the majority found that claims relating to violations of international norms that meet the test of universal acceptance set...

...process. Debate around the redundancy of the right to development in light of the existing human rights framework exists and is periodically reanimated. Mainstream criticism of the right to development revolves around the liberal implications of a right seemingly legitimising economic development to the detriment of social and environmental factors, or misconstrues the right to development as merely ‘a synthesis of more traditional human rights’ (p. 481). More recently, critiques have contended that the redundancy of the right to development stems from the emerging recognition of the extraterritorial applicability of...

...this case raises unusual issues of dual sovereignty and double jeopardy. The only reason that Yakoob is subject to the double jeopardy problem is because the United States has imposed extraterritorial criminal penalties for crimes committed by Canadians in Canada. It’s much harder to argue that both Canada and the United States have dual sovereignty claims, or at a minimum that the United States’ claim to sovereignty is equal to that of Canada’s. Can someone more conversant in the area help me out? Is anyone aware of a similar case...

...(UNIIIC). Saturday 10 November is just as rich and exciting, with 11 panels covering issues as varied as conflict resolution and justice, international arbitration, multinational enterprises, health care in war zones, the rules governing financial crises, development and humanitarian assistance and extraterritorial jurisdiction. Saturday also presents a stimulating plenary panel on the Security Council with David Malone and Rohan Mukherjee from Princeton University The full program and details for registration are available here. The Conference Co-chairs are Fannie Lafontaine (Laval University) and Rodney Neufeld (DFAIT). CCIL Vice-president (Annual Conference) is...

...federal law may complicate the pleading of such cases under state law. As to choice of law, the conflicts scholars observed that in most cases the law of the state of injury will be applied, which might lead to forum non conveniens dismissals. However, to the extent U.S. domiciliaries are involved, there is some likelihood that U.S. state law might be applicable, which raises issue of due process, extraterritoriality, and preemption. In short, there were lots of new and interesting observations with the conclusion that articles remain to be written...