Search: extraterritorial sanctions

...prompted to respond to a legal finding of genocide through sanctions, boycotts, or the pursuit of universal jurisdiction cases, especially in light of Article I’s obligations “to prevent and to punish,” which the Court has long held are “not territorially limited by the Convention.” This extraterritorial duty will, as mentioned previously, be relevant to the Ukraine case, in which the Court will determine whether Russia’s use of military force to prevent and punish “genocide” in Ukraine is legal. This inquiry could, in tandem with an advisory opinion on whether China...

...The ICC has launched a new policy under which it will operate as a ‘justice hub’, supporting national authorities. At the same time, record numbers of states are pursuing domestic trials of international crimes on the basis of universal and extraterritorial jurisdiction. The vital role of inter-state assistance has never been more apparent: a robust legal framework which enables states to request and share information and evidence, access victims, witnesses and assets, and extradite suspects is essential if states are to effectively prosecute international crimes. The purpose of the Ljubljana-The...

...well, allowing for the possible interposition of procedural bars to the making of Alien Tort claims (as pushed by Sotomayor). He got in an effective IG Farben analogy and even a little human rights speechifying (see p. 55). Breyer gets the award for zinger of the day: “if Hitler isn’t a pirate, who is?” (Anyone want to do the legal math on that one?) So predictions of the ATS (extraterritorial) demise may be premature. On the other hand, recent experience demonstrates that predictions based on oral arguments are not especially...

...“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...

...Chief Justice Roberts stated that ““[c]orporations are often present in many countries, and it would reach too far to say that mere corporate presence suffices [to displace the presumption against extraterritorial application].” The argument here is that although “mere corporate presence” is not enough, corporations with other, deeper connections might displace the presumption against extraterritoriality. (Since the Court in other places explicitly stated it was not reaching the corporate liability question, I am skeptical of this argument). Second, and more persuasively, you might argue that because the Supreme Court dismissed...

...proposition that the Rome Statute obligates state parties to enact universal jurisdiction for ICC crimes Step 2: the decision to code a state as having enacted universal jurisdiction if it (a) is a party to the Rome Statute and (b) its domestic law provides for jurisdiction over crimes obligated by international treaty As I explained in my original post, Step 1 is flawed. The Rome Statute does not include universal jurisdiction, and has no obligation whatsoever for state parties to provide (extraterritorial) jurisdiction for ICC crimes. I suspect that the...

...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...

...the Quasi-War and Seminole War.” But Kent notes that simply because the Constitution does not govern extraterritorial uses of coercive force, it does not mean that the Founders considered such actions extra-legal. The law of nations constrained the U.S. government’s actions abroad. If you will recall this exchange between the Solicitor General Paul Clement and Justice Souter in the recent oral argument in Hamdan v. Rumsfeld, you understand the gravity of Kent’s position. The modern application of Kent’s argument is that if the writ cannot be suspended, it does not...

...over who crosses U.S. borders, it’s not for the courts to decide otherwise absent some very clear authorization. So “what law authorized the district court to order the government to bring petitioners to the United States and release them here?” Not the Due Process Clause, says the D.C. Circuit. Immigration cases have always held that the Constitution doesn’t extend to non-citizens held beyond the “sovereign territory” of the United States. (Never mind, I suppose, that Justice Kennedy’s Boumediene majority no longer thinks sovereignty is the touchstone for the extraterritorial extension...

...control over territory. Furthermore, States must ensure their cyber capabilities and operations comply with existing international obligations, including human rights law, international humanitarian law, and treaty commitments. The extraterritorial application of human rights obligations takes on new dimensions when State surveillance technologies can monitor individuals globally or when State cyber operations affect critical infrastructure providing essential services. In December 2018, the UN General Assembly adopted the Eleven Norms of Responsible State behaviour in cyberspace. Although these norms are voluntary, they are based on international law obligations. However, it is concerning...

...Juris, David Glazier (Loyola, LA), Detlev Vagts (Harvard), Roger Clark (Rutgers-Camden), Devin Pendas (Boston College) and Lawrence Douglas (Amherst). The discussion will start with a cross-posted introduction by Kevin today, and end with his reply to the discussants on Friday. Both the discussants and our readers are of course welcome to join in in the comments. Following discussion of Kevin’s book, Opinio Juris and EJIL:Talk! will host a joint discussion of Marko Milanovic’s book, Extraterritorial Application of Human Rights Treaties: Law, Principles and Policy (Oxford UP). Cross-posted at EJIL: Talk!...

...fear for their life. These evolving extraterritorial control mechanisms raise profound questions about the circumvention of established protection frameworks that have traditionally governed asylum policy. A Continuum of Externalization To understand the significance of this new “staging expulsion” model in the U.S., we must place it within a broader trend in migration governance: the externalization of migration control. Externalization refers to policies by which countries like the U.S., Australia or EU countries shift their migration enforcement responsibilities onto third countries – often in exchange for financial support, visa waivers or...