Search: extraterritorial sanctions
29 Jul Cyber-Territoriality
...the Joint Chiefs of Staff, is quoted as saying: “How do you understand sovereignty in the cyberdomain? It doesn’t tend to pay a lot of attention to geographic boundaries.” Putting aside what may be the fundamental territorial misunderstanding in the quote, I wonder what the evolution of territoriality suggests with regard to this national security initiative. Kal’s book details the various extraterritorial options. Conquering and controlling “cyberterritories” is obviously out of the question. But assuming soverign borders are still operative in this context, Kal’s book suggests several other options. Will...29 Aug Emerging Voices: Domestic Regulation of Universal Jurisdiction–The Role of National Prosecutors.
...extraterritorial crime. In fact, some of the most prominent examples of universal jurisdiction cases commenced in this manner. However, this legal mechanism is quickly becoming a thing of the past with many states closing off this means of judicial access. In Belgium, the consent of the Federal Prosecutor is required for the initation of an investigation into international crimes under Article 16 (2) of the Law on Grave Breaches of International Humanitarian Law (August 2003). Prior to 2003 it was possible for individuals to commence such proceedings. Equally, in the...03 Oct Into the Deference Weeds in Kiobel
Rather than dwelling further on any prediction of what kind of opinion the Court is likely to produce following oral arguments in Kiobel (FWIW, I thought arguments went better for plaintiffs than I’d anticipated), I wanted to highlight what I thought was a particularly interesting exchange on whether the State Department’s views on the ATS were entitled to some deference by the Court. Background first. I’d read the U.S. Government’s latest brief as arguing for something like a case-by-case approach on the question of which extraterritorial ATS cases might be...30 Nov A New Fulbright Fellowship in Foreign Governments (including a Focus on Justice)
I’m looking forward to our joint symposium on Marko’s impressive book on extraterritorial treaty application. But before that begins, I wanted to flag a new opportunity for those looking to get international experience outside the United States. The Fulbright Program is inaugurating a new ‘Public Policy Fellowship’ for academic year 2012-2013. Here’s how they described it to me: The Fulbright Public Policy Fellowship will allow fellows to serve in professional placements in foreign government ministries or institutions and gain hands-on public sector experience in participating foreign countries while simultaneously carrying...28 Jul The Uniqueness of Gitmo and the Practical Irrelevance of Boumediene
...detainees held in overseas military bases besides Gitmo. And if your answer to that question is yes, does it also apply when the United States has even lesser control, such as detention by international, coalition, or foreign forces at our request and encouragement. Is the fundamental difference that Gitmo is essentially “territorial”, while all the other detention arrangements are “extraterritorial”? I know you hint at an answer in the book, but I would appreciate it if you could clarify what you think the answer would be in these other scenarios....18 Apr Events and Announcements – 17 April 2022
...here for Spotify) The first three episodes include interviews with Arthur Ripstein (Toronto) on Kant and the laws of war, Lea Raible (Glasgow) on extraterritorial human rights obligations, and Adom Getachew (Chicago) on the efforts by African and Caribbean independence and decolonization movements at regional and international institution-building. Further episodes are planned on a roughly bi-weekly basis. If you would like to post an announcement on Opinio Juris , please contact John Heieck at eventsandannouncements[at]gmail[dot]com with a one-paragraph description of your announcement along with hyperlinks to more information. Thank you!...07 Feb A Blogging Hiatus and a Book
...4. Participation Conditions for Non-State Actors 5. NGO Involvement Conditions on Joining a Treaty 6. Consent to be Bound 7. Reservations 8. Declarations and Notifications Constituting the Treaty and its Dissemination 9. Languages 10. Annexes 11. Entry into Force 12. The Depositary Applying the Treaty 13. Provisional Application 14. Territorial and Extraterritorial Application 15. Federal States 16. Relationships to Other Treaties 17. Derogations 18. Dispute Settlement Amendments 19. Standard Amendment Procedures 20. Simplified Amendment Procedures The End of Treaty Relations 21. Withdrawal or Denunciation 22. Suspension 23. Duration and Termination...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...
01 Oct Unlocking the Road to Justice in Syria
...of documentation cannot be overestimated. As part of the efforts to resist denialism, dedicated documentation efforts have foregrounded the experiences of victims/survivors, kept their narratives alive, and provided a wealth of evidence to push back against misinformation and revisionism. Second, and related to this, documentation has also laid the basis of the most remarkable and internationally discussed developments, namely criminal litigation efforts that opened a crack in the wall of impunity. Multiple prosecutorial initiatives under the principle of universal jurisdiction – as well as other forms of extraterritorial jurisdiction –...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...