Search: extraterritorial sanctions
11 Dec Operationalisation of ‘Duties’ of States and Non-State Actors in the Draft Convention on the Realisation of the Right to Development
...of human rights committees (General Comment No. 14 on the Right to Health; the General Comment No. 5 on the Rights of the Child; Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights 2011). This provision has become more relevant in the context of demand of developing countries to address the issue of ‘the transformation of global governance’ as a new and old dimension of the realisation of the right o development (Chimni and Balakrishnan). In pursuance to Article 13(4), States Parties have...
20 Nov What Does International Law Have to Say About the Conditions of Life in Gaza Today?
...in Gaza and beyond may have been concluded. National courts may also have the chance to have their say with at least two cases already filed in the United States and the Netherlands. Legal action may result in some individuals being held accountable through prosecution not only by the ICC, but also domestically through use of universal and other forms of extraterritorial jurisdiction. There is also the possibility of individualized sanctions. Legal initiatives may also lead to some restraints on action by some states for instance regarding supplying arms, or...27 Jan U.N. Considers Special Courts for Pirates
...Coast of Somalia, said the international community should work towards “Somaliazation” of responses to piracy by helping local authorities in the regions of Puntland and Somaliland to enhance their judicial and prison capacities in order to prosecute and jail captured pirates. In his report to the Security Council, Mr. Lang also proposed the establishment, for a transitional period, of a Somali “extraterritorial jurisdiction court’ in the northern Tanzania town of Arusha to deal with piracy cases. He told the Council, as well as a news conference following the meeting, that...30 Jan U.S. Renditions: Continuity, Change, and New Trends
...rights treaty obligations, which it maintains do not apply extraterritorially. Third, the Post article highlights another issue— one that has less to do with human rights norms than with the substantive reach of U.S. counter-terrorism laws and the material support for terrorism statute in particular. It suggests that discomfort with the Djibouti arrests may have less to do with how the three men were treated in foreign custody than with why they are being prosecuted by the United States in the first place. Their lawyers concede they were combatants who...10 Aug Events and Announcements: 10 August 2025
...contemporary realities are placing unprecedented strain on these foundations. Climate change threatening statehood; non-state actors exercising de facto territorial control; contested maritime and land boundaries; extraterritorial jurisdiction; and the enduring legacies/challenges of decolonisation and self-determination. In parallel, the prohibition on the use of force, the resilience of territorial integrity, and the role of international adjudication mechanisms in deciding territorial disputes are increasingly being tested by ongoing military conflicts and deeply contested geopolitical contexts. Against this backdrop, an overarching question emerges: Does international law’s understanding of territory remain fit for purpose...08 May Kiobel Insta-Symposium: Is Corporate Liability Jurisdictional?
...The question thus is whether the Supreme Court’s affirmance constituted a dismissal for lack of SMJ, or instead was a dismissal on the merits. Contextual clues in the Chief Justice’s opinion—in particular, the application of the presumption against extraterritoriality (PAE)—indicate that the Court went beyond the issue of SMJ and reached aspects of the merits. The Court concluded that “[o]n these facts,” the PAE barred relief in this case. There are certain limited circumstances in which a federal court may dismiss on the basis of threshold issues before ascertaining its...
07 Dec Advancing Human Rights in Pandemic Treaty Debates
...“solidarity” – that is, “national, international, multilateral, bilateral, and multisectoral collaboration, coordination and cooperation in order to achieve a fairer, more equitable and better prepared world” (art. 4). Other experts of international law and relations argue that global solidarity encompasses not only pandemic preparedness, but espouses broader obligations, including the notion of common but differentiated responsibility, the denouncing of charitable assistance, and intergenerational equity – providing for manifestations of solidarity in pandemic prevention, preparedness, response, and recovery. Aligning this clear commitment to global solidarity with extraterritorial human rights obligations of...08 Feb Events and Announcements: February 8, 2015
...of State is taking place this Thursday, February 12th, 2015 12:00 PM – 1:30 PM US Eastern Standard Time. This year’s theme is: “The Role of the Law in the Fight Against ISIL: Use of Force, Sanctions, and Foreign Terrorist Fighters.” The Section of International Law is pleased to announce the fifth annual non-CLE webcast with the Office of the Legal Adviser from the Jacob Burns Moot Courtroom of the George Washington University Law School in Washington, D.C. Cosponsored by the American Society of International Law, the George Washington University...11 Jun Liberian Truth and Reconciliation Commission Comes to the United States
For the first time, a truth and reconciliation commission has picked up stakes and moved to a foreign country to take public testimony: The Liberian Truth and Reconciliation Commission began its first extraterritorial session in St. Paul Minnesota this week. The Star Tribune has the full story here. One remarkable aspect of the story is the size of the Liberian expat community in the twin cities, and what it says about how the international becomes local — and vice versa: Minnesota is home to about 30,000 Liberians. It is one...
11 Feb Nagorno Karabakh – A Stark Reminder of the Council of Europe’s Operational ‘Grey Zones’
...since been seized of this conflict, one of a growing number of instances over the past two decades which have given rise to extraterritorial jurisdiction. The Leading Grand Chamber judgments of Chiragov and Others v. Armenia (no. 13216/05) and Sargsyan v. Azerbaijan (no. 40167/06) from 2015 which concern the 1992 Nagorno-Karabakh conflict remain under enhanced supervision by the Committee of Ministers, classified as a “Complex Problem” due to the unresolved political conflict. It was therefore inconceivable that the Interim Measures could have succeeded where the Grand Chamber and the Committee...