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...23 Oct Ecuador’s Disconnect of Assange: Politics or Principle?
...action, not all the run-in-the-mill ways that states try to influence run another. Thus, in the Nicaragua case, the ICJ wrote that coercion is “the very essence of prohibited intervention.” (para. 205) Broadcasts, diplomatic protest, withholding of foreign assistance, most prescription of domestic law to cover extraterritorial conduct, funding of foreign human rights NGOs, and other non-coercive acts, while sometimes unpleasant for the government on the receiving end, are not acts of unlawful interference or intervention, even if some global actors may claim that. If they were, much of routine...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,...
01 Apr COVID-19 Symposium: COVID-19 Responses and State Obligations Concerning the Right to Health (Part 2)
...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...
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...09 Jan Double Jeopardy and Crimes Committed Abroad
...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...
01 Jun Cutting the Gordian Knot: The Right to the Continuous Improvement of Living Standards as an Alternative to the Right to Development
...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...26 Oct Sarei v. Rio Tinto: The Ninth Circuit Tackles the Alien Tort Statute (Again)
...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...