Search: extraterritorial sanctions
26 Jul International Law in the U.S. Supreme Court: Professor Alford on Extraterritoriality
The joy of this project was making the kind of discovery Roger Alford recounts in his post. Alford’s chapter on international law as interpretive tool from 1901 to 1945 discusses, among other things, the Supreme Court’s various approaches to the extraterritorial reach of statutes during that period. Among these approaches was the government purpose test of Unites States v. Bowman (1922). It is interesting to compare Bowman to the Supreme Court’s 2010 decision in Morrison v. National Australia Bank. In Morrison, the Court applied the presumption against extraterritoriality to the...
05 May A Radical Shift in Libyan and International Priorities is Necessary to Protect Health and Save Lives in Libya
...CRC, the authorities must also seek international cooperation and assistance to boost their scarce resources to fulfill the right to health. The Committee on Economic, Social and Cultural Rights has made clear that States must coordinate with each other in the allocation of responsibilities, including by cooperating to provide “humanitarian assistance in times of emergency” and “contribut[ing] … to the maximum of its capacities.” The obligations under the ICESCR and the CRC are set out at greater length in the Maastricht Principles on Extraterritorial State Obligations in the Area of...03 Oct International Law Weekend, October 20-22
...night at the City Bar will address whether international law has seen “The Death of Sovereignty?” in an era of debt downgrades, seccesionist conflicts, and covert military operations — and will be followed by a free wine and cheese reception. Panels starting at 9 a.m. on Friday at Fordham will look at International Law and U.S. Grand Strategy, the Extraterritorial Reach of Anti-Bribery Legislation Libel Tourism, the UN Disabilities Convention, Sharia and U.S. Law, Developments in Commercial Arbitration, Access to Justice in the Middle East North Africa Region, Regulation of...
11 Jul Death by Omnibus? The European Commission’s Proposal and the Fate of the Corporate Sustainability Due Diligence Directive (Part II)
...for harmonized civil liability, the Omnibus defers entirely to national tort laws, where many Member States do not currently recognize a clear duty of care for extraterritorial harms. Additionally, the deletion of the provision enabling NGOs and trade unions to bring representative actions places the burden of initiating transnational litigation solely on individual victims—often rural communities, migrant workers, or Indigenous peoples lacking sufficient resources for protracted legal proceedings—and the absence of collective redress procedures under EU law further diminishes the likelihood of meaningful remedy. Misalignment with International Standards and Practices...27 Jul The Origins of the Non-Extraterritoriality of the Bill of Rights
...readable. Nevertheless, because praising a book quickly becomes boring (for everyone other than the author!), I will try to bring out some differences in our assessments of at least part of the historical materials he discusses – in particular, those which concern the question of the extraterritorial application of the Bill of Rights. One of Kal’s core claims is about the fundamentality of territoriality in the development of U.S. law, including with respect to the application of the Bill of Rights to aliens overseas. The importance and topicality of this...16 Jan Post-Kiobel, Are We All Ready to Move On From the ATS?
...for the Court by Chief Justice John Roberts and the main concurring opinion by Justice Stephen Breyer refused to interpret the ATS as authorizing universal jurisdiction. All nine justices rejected decades of lower-court precedent and widespread scholarly opinion when they held that the ATS excluded cases involving purely extraterritorial conduct, even if the alleged conduct constituted acts that are universally proscribed under international law. In this short essay, I argue that the surprising death of universal jurisdiction reflects the triumph of the “separation of powers” critique of the ATS, which...18 Apr Kiobel Insta-Symposium: After Kiobel: Human Rights Litigation in State Courts and Under State Law
[Christopher A. Whytock is a Professor of Law and Political Science at UC Irvine School of Law] I do not think the Court’s opinion in Kiobel means that ATS litigation in federal courts is going away any time soon. First, make no mistake, the “presumption against extraterritoriality” applied by the Court in Kiobel is a new creation that is likely to give rise to further litigation. In at least three ways, the new presumption is different from the Morrison-style presumption used by the Court to determine whether a federal statute...11 May The Most Cited US Cases Related to International Law
...they make or domestic issues that they raise. So take all this with a grain of salt. Add any cases I missed in the comments, and we’ll turn this post into a wiki. Nonetheless, note that the most cited case US case related to international law that I found comes from the Second Circuit – U.S. v. Alcoa (extraterritorial jurisdiction) has been cited 714 times. BNC v. Sabbatino, the act of state doctrine case, came next with 501 references. Two comity cases, Hilton v. Guyot and Hartford Fire v. CA...
21 Jan Unequal Treaties Revisited: Coercive Trade Agreements in a Fragmented Global Economy
...Hong Kong, the opening of treaty ports, and extraterritorial privileges for foreign nationals. Similar arrangements were imposed on pre-Meiji Japan (1854 Treaty of Kanagawa) and Korea (signed with Japan after the Meiji Restoration, 1876 Treaty of Ganghwa), often under conditions of gunboat diplomacy. These historical unequal treaties had distinct commercial dimensions. First, states such as China and Korea lost their autonomy over tariff-setting, with tariff levels fixed at low rates favourable to Western imports. Second, the inclusion of Most-Favoured-Nation (MFN) clauses locked weaker states into perpetual concessions, ensuring that any...