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Search: extraterritorial sanctions

01 Jun

...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...
01.06.23 | |

09 Jan

...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...
09.01.08 | |

01 Apr

...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...
01.04.20 | and |

01 Nov

...(UNIIIC). Saturday 10 November is just as rich and exciting, with 11 panels covering issues as varied as conflict resolution and justice, international arbitration, multinational enterprises, health care in war zones, the rules governing financial crises, development and humanitarian assistance and extraterritorial jurisdiction. Saturday also presents a stimulating plenary panel on the Security Council with David Malone and Rohan Mukherjee from Princeton University The full program and details for registration are available here. The Conference Co-chairs are Fannie Lafontaine (Laval University) and Rodney Neufeld (DFAIT). CCIL Vice-president (Annual Conference) is...
01.11.12 | |

23 Oct

...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...
23.10.16 | |

09 Oct

...access to victims. The United States has ended military aid to Myanmar and imposed economic sanctions in response to the human rights abuses being committed in Myanmar. Secretary Pompeo has pledged to hold those responsible for the “abhorrent ethnic cleansing” accountable. It has also recently announced that it will provide more than $185M in humanitarian aid to Myanmar’s Rakhine State. The United States commissioned its own investigation into the Rohingya situation involving over 1000 randomly selected refugees in camps in Cox’s Bazar, Bangladesh, who were surveyed in April 2018. The...
09.10.18 | |

29 May

...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...
29.05.12 | |

29 Nov

...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...
29.11.05 | |

17 May

...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...
17.05.12 | |

24 Nov

...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...
24.11.10 | |

05 Dec

Douglas Burgess, Jr., has an editorial in today’s New York Times arguing that piracy should be considered terrorism in order to facilitate its prosecution. It’s an interesting piece, but I have to take issue with the basic premise of his argument: Are pirates a species of terrorist? In short, yes. The same definition of pirates as hostis humani generis could also be applied to international organized terrorism. Both crimes involve bands of brigands that divorce themselves from their nation-states and form extraterritorial enclaves; both aim at civilians; both involve acts...
05.12.08 | |

23 Mar

...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,...
23.03.21 | |