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Search: extraterritorial sanctions

25 Aug

...to international crimes experienced by the Rohingya – this formal complaint puts the assertion to the test. So far, the complete lack of response to Setara’s complaint confirms that justice for the Rohingya is not possible. In other parts of the world, initiatives utilising universal and extraterritorial jurisdiction are also underway, in which Rohingya women and in particular, survivors of sexual violence play a critical role. In November 2021, a court in Argentina decided to open investigations into crimes committed in Myanmar, under the principle of universal jurisdiction. Prior to...
25.08.22 | |

17 Jun

...of hostile acts” as the intention of each of these individuals “because they are a duty to his sovereign.” Precisely because that is not what the United States is doing here, the Eisenstrager rationale cannot be imported wholesale to resolve the Boumediene dilemma. Whatever the merits or failings of the ascriptive allegiance approach in Eisenstrager, it does not transform the Guantanamo detainees into enemy aliens. And, even if it remains binding precedent, it does not dictate that alien detainees can never seek review of their extraterritorial detention in federal court....
17.06.08 | |

30 Mar

...as if it were a duty owed to nationals abroad, a new form of extraterritorial public service that may even flow from human rights. That surfeit of protection for the select few, of course, coincides in some countries with a further undermining of protections for foreigners, particularly unlawful immigrants. What will be the consequences of these evolutions, especially if they become even more entrenched in months to come? Globalization was always a half-truth or a half-lie depending on one’s perspective, a phenomenon as much symbolizing the freedom of movement for...
30.03.20 | |

12 Feb

...conflict—at least for now. No Responsibility of Russia during the Phase of Active Hostilities The Court found Russia responsible for human rights abuses (Articles 2, 3, 5, 8; Article 1 P1 and Article 2 P4) only in the immediate aftermath of the conflict, but not during the phase of active hostilities. In this regard, the argumentation of the Court and the dissenting opinions reveal that it was not easy for the Court to legally resolve the issue related to the extraterritorial applicability of the ECHR in the active phase of...
12.02.21 | |

28 May

...Pakistan, and it violates the right to life of the person killed. It is the wrongfulness of the former only that can be precluded by an invocation of self-defense, just like Pakistan’s (or Yemen’s, or whoever’s) consent would preclude it. But, assuming the (extraterritorial) application of human rights treaties to a given situation, I don’t see how self-defense could be used to preclude the wrongfulness of an act contrary to the individual rights enshrined in such treaties. It is indisputable, for example, that self-defense as a matter of the jus...
28.05.10 | |

25 Jun

...highly critical opinion began by observing that the Second Circuit had made a forty-year-long blunder in characterizing Rule 10b-5’s extraterritorial reach as jurisdictional, when in fact it pertained to the merits. (The parties did not dispute the merits characterization, but they had not briefed it.) A remand was nonetheless inappropriate, Justice Scalia explained, because this “threshold error” had not been integral to the reasoning of the courts below. Justice Scalia went on to excoriate the Second Circuit for constructing a jurisprudence that ignored the presumption against extraterritoriality. In addition, he...
25.06.10 | |

03 Mar

...ITS Libra was ordered to move away from the distressed vessel. We thus agree with the Committee in that the due diligence obligation was breached by Italy’s delay in action and the failure to cooperate effectively (para 8.5). Conclu ding Remarks This findings of the HRC in A.S., D.I., O.I. and G.D. v. Italy are to be applauded, despite the Committee’s treatment of SRRs and jurisdiction. The decision appears as a beacon for future cases and provides a potential new direction in the extraterritorial protection of human rights at sea....
03.03.21 | and |

06 Mar

...federal law may complicate the pleading of such cases under state law. As to choice of law, the conflicts scholars observed that in most cases the law of the state of injury will be applied, which might lead to forum non conveniens dismissals. However, to the extent U.S. domiciliaries are involved, there is some likelihood that U.S. state law might be applicable, which raises issue of due process, extraterritoriality, and preemption. In short, there were lots of new and interesting observations with the conclusion that articles remain to be written...
06.03.12 | |

17 Sep

...which the court reserved on ways in which it might be curtailed still further – in passing, the court noted but declined to take a view on whether the ATS might have no extraterritorial application, limiting it to conduct within the United States. Once corporations were understood as targets, once everyone understood that neither plaintiff nor defendant required any traditional connection to the United States, as parties, in conduct, nothing, and once the plaintiffs bar saw opportunities to join forces with the NGOs and activists, the trend of the ATS...
17.09.10 | |

03 Mar

...state torts for wrongful death, battery, and false imprisonment are the basis for causes of action for international human rights litigation, then state choice of law rules are going to become the rage for human rights practitioners. We should all start reading the conflict of laws treatises of Patrick Borchers and Symeon Symeonides again, and start considering the constitutional and international law limits of the extraterritorial application of common law torts. Fortunately, some incredibly productive young guns like Chris Whytock, Trey Childress, and Anthony Colangelo are filling the gap. My...
03.03.12 | |

24 Jan

...offer a broader basis for jurisdiction (i.e. prosecution of extraterritorial acts), curtail the applicability of statutes of limitation or extend the prospects for cooperation and judicial assistance. Moreover, in practice, domestic and international crime labels are de facto often interrelated in a domestic setting. Many jurisdictions rely on a mix of ‘international’ and ‘ordinary crime’ definitions in order to try offences, or adjust modes of liability to capture the conduct in question. These factors are not taken into account in the Heller’s ‘cost-benefit’ analysis. Paradoxically, in existing practice, ‘ordinary crime’...
24.01.12 | |

03 Jun

...post on the irreducible categories of international and non-international armed conflict and why they are the “residual” forms of armed conflict, rather than a category called armed conflict that is then further subdivided. It has bearing on this question of where an armed conflict is underway.) Meaning, Marko starts from two points – one is extraterritorial application of the ICCPR. I don’t buy that, the US doesn’t buy it – and I don’t think its position unprincipled or ungrounded. If one disagrees not just as to the view, but also...
03.06.10 | |