Search: extraterritorial sanctions
26 Mar Kiobel (I): ATS Arguments Make for Strange Bedfellows
...on extraterritoriality. Now the conservatives point to U.S. law – the judge-made presumption against extraterritoriality – and liberals point to the international status of the offenses. It is like a game of Twister. Neither position is fully correct. There may be a place for extraterritoriality in ATS cases, but in a much narrower class of cases then where it is currently applied. The following two posts will draw on much of my prior work, and I hope the reader forgives me not recapitulating the entire argument of those articles here....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...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...
05 Feb Neurotechnology and Cognitive Warfare
...a violation of the principle of non-intervention (p. 395). But Roscini acknowledges that this goes against the mainstream position, which would consider this as an extraterritorial enforcement of the hacker states’ power, in terms of violation of the other states’ territorial sovereignty (p. 392). A position which the UK and US, however, do not align with, as they do not consider cyber operations on another state’s territory to constitute violations of international law per se. Further grey areas include ambiguity as to how cyber activities are to be considered under...05 Sep The Oxford Guide to Treaties
...VI. TREATY CLAUSES Initial Decisions on Treaty-Making Distinguishing Political Commitments from Treaties Object and Purpose Participation Conditions for States Participation Conditions for Non-State Actors NGO Involvement Conditions on Joining a Treaty Consent to be Bound Reservations Declarations and Notifications Constituting the Treaty and its Dissemination Languages Annexes Entry into Force The Depositary Applying the Treaty Provisional Application Territorial and Extraterritorial Application Federal States Relationships to Other Treaties Derogations Dispute Settlement Amendments Standard Amendment Procedures Simplified Amendment Procedures The End of Treaty Relations Withdrawal or Denunciation Suspension Duration and Termination Index...
08 Oct Trump vs. International Law: Using Force After Conflict–Is the Jus ad Bellum Relevant or Just an Afterthought?
...right to use force in self-defense more easily. First, the nature of the potential attacker: Although state practice in the aftermath of international armed conflict suggests no change from the traditional conception of armed attack when two states are involved, consider how the aftermath of an extraterritorial conflict against a non-state group, particularly a terrorist group, might contribute to driving down the threshold for an armed attack. After the state has suffered an armed attack and used force in self-defense against the non-state group already, leading to the armed conflict...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...
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...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...