Search: extraterritorial sanctions
29 May Introduction to the Virginia Journal of International Law/Opinio Juris Online Symposium for Issue 52:3
...for Extraterritorial Self-Defense,” Ashley Deeks (Columbia Law School, incoming Associate Professor of Law, University of Virginia School of Law) offers the first sustained descriptive and normative analysis of the “unwilling or unable” test in international law. Descriptively, it explains how the “unwilling or unable” test arises in international law as part of a state’s inquiry into whether it is necessary to use force in response to an armed attack. It identifies the test’s deep roots in neutrality law while simultaneously illustrating the lack of guidance about what inquiries a victim...29 Nov Case of the Month: Doe v. Israel
...important, the case offers a primer on many, if not most, of the issues typically addressed in an international litigation class: ATS, TVPA, RICO, jus cogens, the political question doctrine, the act of state doctrine, head of state immunity, sovereign immunity, FSIA exceptions, the Hague Service Convention, jurisdictional discovery, personal jurisdiction over private defendants, and the extraterritorial application of substantive laws. If you wanted a good introduction to the salient issues in human rights litigation, Doe v. Israel is not a bad place to start. What is most interesting about...17 May Book Discussion “Outsourcing War and Peace”: Too Much Jurisdiction? – Contractor Liability After Brehm and Ali
...Kandahar Airfield in Afghanistan (a NATO-run installation), assaulted a British national with a knife. Other than his employment contract with DynCorp, Brehm has absolutely zero contacts with the United States. Nevertheless, the government prosecuted Brehm under the Military Extraterritorial Jurisdiction Act (MEJA), which, as Brehm conceded (and as the district court held), clearly encompasses Brehm’s offense. The issue before the Fourth Circuit is whether MEJA might be unconstitutional as applied to Brehm’s offense, since (1) the defendant is a non-citizen; (2) the victim is a non-citizen; (3) neither the defendant...24 Nov A Response to Douglas Guilfoyle by Beth Van Schaack
...application of IHL, the international community should not lose sight of the fact that international human rights law remains applicable to the collective international response to acts of piracy. In a companion piece, Professor Guilfoyle focuses on the law governing the extraterritorial application of human rights law, the principle of non-refoulement, the prohibition of arbitrary detention, and due process protections (see Douglas Guilfoyle, Counter-Piracy Law Enforcement and Human Rights, 59 Int’l & Comp L Q 141 (2010)). In addition, the prohibitions of summary execution and other arbitrary deprivations of the...23 Mar Human Rights and Universal Access to COVID-19 Vaccines: Does the Human Rights Council Resolution go far enough?
...have often arranged their own affairs in a way that is detrimental to access to vaccines in other countries in spite of their extraterritorial legal obligations to, at very least, avoid their actions that would foreseeably result in the impairment of the human rights of people outside their own territories. It is worth emphasizing that it has still been only some four months since the first mass vaccination campaigns began in December 2020. At the time of writing, approximately 450 million people had been vaccinated worldwide, while many African nations,...12 Jun Andreas Lowenfeld: A Life Illuminating the Path
...authoritative legal treatises and over 115 law review articles and argued before the United States Supreme Court, the Iran-U.S. Claims Tribunal, and the International Court of Justice in the Hague. He made landmark contributions to legal scholarship and practice on issues as varied as extraterritorial jurisdiction, international arbitration, international monetary transactions, trans-border child abduction, international monetary law, investor-state dispute settlement, economic sanctions, enforcement of foreign judgments, aviation law, sovereign immunity, international trade, and civil procedure. His most recent work was a comprehensive treatise on International Economic Law. An avid supporter...
25 Aug Symposium on Myanmar and International Indifference: Rethinking Accountability – Champions of Justice: Rohingya Women are Leading the Fight for Accountability for International Crimes
...to international crimes experienced by the Rohingya – this formal complaint puts the assertion to the test. So far, the complete lack of response to Setara’s complaint confirms that justice for the Rohingya is not possible. In other parts of the world, initiatives utilising universal and extraterritorial jurisdiction are also underway, in which Rohingya women and in particular, survivors of sexual violence play a critical role. In November 2021, a court in Argentina decided to open investigations into crimes committed in Myanmar, under the principle of universal jurisdiction. Prior to...