Search: extraterritorial sanctions
20 Apr From Brownlie to Brandom: Recollective Stories of the Right of Self-Defense and a Theory of the Pragmatic Semantics of Legal Conceptual Change
...posed by the armed group and individual members, but necessity and proportionality can have a concertina-like quality – at times focusing on the threat posed by particular individuals, and at other times encompassing the overall animus of the armed group, its hostile intentions, and its general capacity to continue to act. This set of propositions supports the preventive, extraterritorial, use of lethal force against individuals and non-state groups, with a geographically and temporally expansive scope. This permissive version of self-defense is neither lex lata nor even de lege ferenda, but...
12 Feb Reforming Military Obedience: Strengthening Vertical Checks on Trump’s (Ab)use of War Powers
...malaise about removing human judgment from the cycle of violence, including at the stage of executing orders. For example, Christof Heyns, then UN Expert on Extraterritorial Execution, called the use of force without reflection “mechanical slaughter.” One of the concerns expressed by Heyns, in comparing AWS with human soldiers, was precisely the lack of “ability of robots to distinguish legal from illegal orders.” The development of mechanical soldiers has, it seems, contributed to a greater recognition of the value of human judgment and common sense in human soldiers. Embracing that...
20 Dec It Takes Two: The Protection of Civilians during Sieges under the IHL Prohibition against Starvation and the Right to Food
...populated space on its own territory, the state may lack control over these parts. Practice of human rights bodies suggests though that siege scenarios are unlikely to translate into reduced state obligations vis-à-vis the besieged population when undertaking military actions. Extraterritorial jurisdiction also appears to exist. Secondly, it is controversial whether human rights obligations for armed groups exist or not. Finally, there is the difficulty to determine the actual content of the right to food applicable during armed conflict. Obviously, the obligations to respect, protect and fulfill the right to...06 Jul LJIL Symposium Vol 25-2: Beyond Constitutionalism? – A comment by Daniel Halberstam
...the United Nations in a question of enforcing UN Security Council sanctions is the same as that between the United States and Egypt in the case of the extraterritorial application of anti-trust law. But to think that the two scenarios are governed equally by politics alone, is to miss something important. Post-national governance, to use the fashionable term, involves more than mere “multiplicity.” It depends on constitutional connective tissue between the various legal systems that are at play with one another. The plural theory of constitutionalism that I, for one,...20 May Guest Post: The Human Rights Impact of Drone Strikes
...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...16 Oct Canadian Provinces Suing Americans for Transboundary Harm
...Richard Lazarus helpfully commented to us during the inaugural Harvard-Boalt-UCLA Junior Environmental Scholar workshop that he has seen variations of this before – that this lawsuit would be an attempt to change the “default position” in an unresolved environmental conflict. I think that is true, although we did not articulate that as directly or elegantly as Professor Lazarus did. Our paper presents a melding of two different conflicting perspectives. Austen Parrish, the international scholar, generally laments the extraterritorial application of domestic law, while I, the environmentalist, look for ways to...20 Apr Andrew Kent on the Case Against a Global Constitution
...the Quasi-War and Seminole War.” But Kent notes that simply because the Constitution does not govern extraterritorial uses of coercive force, it does not mean that the Founders considered such actions extra-legal. The law of nations constrained the U.S. government’s actions abroad. If you will recall this exchange between the Solicitor General Paul Clement and Justice Souter in the recent oral argument in Hamdan v. Rumsfeld, you understand the gravity of Kent’s position. The modern application of Kent’s argument is that if the writ cannot be suspended, it does not...08 Jan Estrada Redux: Mexico’s stance on the Venezuela Crisis and Latin America’s evolving understanding of non-intervention
...to the exigencies of Latin America’s strong commitment to human rights and democratic values. This is why non-intervention now coexists with the Inter-American Democratic Charter, as seen above. The Lima Group’s statement and Mexico’s opposition to it, take place in the context of one such particularly hot-topic discussion: economic sanctions. Every year, the Human Rights Council approves a Resolution on “unilateral coercive measures and human rights”. This resolution calls upon states to stop adopting unilateral measures “of a coercive nature with extraterritorial effects, which create obstacles to trade relations among...26 Dec Another Round in the Amnesty-Goodman-Heller Debate over Universal Jurisdiction
...proposition that the Rome Statute obligates state parties to enact universal jurisdiction for ICC crimes Step 2: the decision to code a state as having enacted universal jurisdiction if it (a) is a party to the Rome Statute and (b) its domestic law provides for jurisdiction over crimes obligated by international treaty As I explained in my original post, Step 1 is flawed. The Rome Statute does not include universal jurisdiction, and has no obligation whatsoever for state parties to provide (extraterritorial) jurisdiction for ICC crimes. I suspect that the...