Search: extraterritorial sanctions
15 Aug New Responsibility to Protect (R2P) Report Out
...to protect and its implementation.” What is perhaps more interesting is what the Report does not say: it does not mention Libya, which continues to be the real hot button precedent on R2P it does not mention military intervention, or the role of the Security Council it does not mention extraterritorial obligations of states it does not mention the ICC it does not mention new technology On the latter two points, see this July 2013 Report on R2P by Madeleine Albright and Richard Williamson. The Secretary General has recently appointed...23 Jun Weekend Roundup: June 16-22, 2012
...Roger Alford discussed how extraterritorial application of the US Foreign Corrupt Practices Act could jumpstart anti-corruption prosecution in other OECD countries, and Julian Ku posted about Germany v Greece in the Euro 2012. Peter Spiro asked whether the pending Supreme Court ruling on Arizona’s SB1070 will make any difference and whether Julian Assange will live out his days in the Ecuadorian Embassy in London. Peter also pointed to the plight of persons of South Sudanese descent residing in Sudan who have become stateless after South Sudan’s secession. As always, Kevin...02 Nov U.S. Court Convicts “Chucky” Taylor of Torture
“Chucky” Taylor, son of former Liberian President (and current war crimes defendant) Charles Taylor, was convicted Friday in Florida federal court of committing torture when he was with his father in Liberia. What makes Taylor’s conviction news (although only news overseas, apparently, since it didn’t make any of the leading U.S. newspapers) is that it is the first conviction under the 1994 Extraterritorial Torture Statute, 18 U.S.C. 234 and 2340A, which was enacted to implement U.S. obligations under the Convention Against Torture (for an interesting profile of Chucky in Rolling...24 May The US’s Retreat from IHL (or, the Triumph of Ryan Goodman)
...— it’s unclear from the fact sheet — its new understanding of the use of lethal force applies only to the current conflict. Second, although I don’t imagine that the US much cares, the jus ad bellum-like targeting standards announced in the fact sheet do not necessarily satisfy the limitations on lethal force imposed by international human rights law. As I have pointed out ad nauseum on the blog (see here for an example), whether an extraterritorial use of force is legitimate under the jus ad bellum says nothing about...23 Jul Emerging Voices: Responsibility of the Netherlands for the Genocide in Srebrenica–The Nuhanović and Mothers of Srebrenica Cases Compared
...ground. It implicitly distinguished a de jure and de facto basis of extraterritorial jurisdiction. The Netherlands formally (de jure) had jurisdiction because the territorial entity, the State of Bosnia-Herzegovina, had basically surrendered its competence to govern in the area to the United Nations Protection Force (UNPROFOR). Clearly, UNPROFOR cannot be equated with the State of the Netherlands, but considering the Supreme Court’s answer to the attribution question (see above), this was nonetheless relevant. The Netherlands also had de facto jurisdiction, because an examination of the facts had shown that it...20 Oct YJIL Symposium: Response to Mark Wu
...Article XIV will prove a major hurdle to liberalization of trade in services conducted electronically. Article XIV allows countries to derogate from their liberalization obligations if necessary to protect public morals or the public order. This escape valve seems a wise measure to prevent the imposition of sanctions in cases where a particular trade liberalization would imperil domestic morals or domestic order. The proponents of GATS recognized, however, that claims of public morals or public order might be used to disguise protectionist regulation, and thus the WTO properly limited the...
27 Oct International Law and Popular Culture Symposium: International Law and the Theatre – An Interview with Playwright Anchuli Felicia King
...that statute, and why the Supreme Court keeps trying to limit its extraterritorial reach. But human rights lawyers and NGOs only resort to what are essentially legal loopholes like the ATS, because it’s so extraordinarily difficult to litigate cases about human rights abuses across different countries. I think it speaks to a broader structural imbalance enmeshed in our international legal institutions: that it’s far easier for powerful state actors and wealthy corporations to access (or evade) justice than poorer nations or oppressed individuals. Another thing that I discovered is...09 Apr Federal District Court Rules on Torture Allegations
...each make clear that the Constitution’s reach is not so expansive that it encompasses these nonresident aliens who were injured extraterritorially while detained by the military in foreign countries where the United States is engaged in wars.” After reviewing these decisions, the Court concluded that “it is considered settled law that nonresident aliens must be within the sovereign territory of the United States to stake any claim to the rights secured by the Fifth Amendment.” And as for Eighth Amendment claims, the Court ruled that “even assuming the Eighth Amendment...