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Search: extraterritorial sanctions

17 Apr

Here is the bottom line of the Roberts’ opinion, which makes it sound like this whole ATS thing is really a simple application of Morrison v. National Australia Bank. On these facts, all the relevant conduct took place outside the United States. And even where the claims touch and concern the territory of the United States, they must do so with sufficient force to displace the presumption against extraterritorial application. See Morrison, 561 U. S. ___ (slip op. at 17–24). Corporations are often present in many countries, and it would...
17.04.13 | |

06 Jun

...urge the Obama administration, and offer it advice, on how to preserve the legal category of targeted killing as an aspect of inherent rights of self-defense and US domestic law. As such, this paper runs sharply counter to the dominant trend in international law scholarship, which is overwhelmingly hostile to the practice. It urges the Obama administration to consider carefully ways in which apparently unrelated, broadly admirable human rights goals, such as accepting extraterritorial application of the International Covenant on Civil and Political Rights, or accepting its standards as a...
06.06.09 | |

09 Nov

...this event particularly welcome papers addressing one of the following sets of issues: rules and norms of responsible State behaviour in cyberspace, in particular in the context of the new OEWG and GGE proceedings; Western and non-Western approaches to international law in cyberspace; the application of international humanitarian law to cyber armed conflicts; sovereignty in cyberspace; aspects of “digital sovereignty”; State responsibility in cyberspace; individual and collective reactions to cyberattacks, cyber restrictive measures, countermeasures etc.; supply chain security and international trade law (vide 5G, Huawei, etc.); and extraterritorial jurisdiction (U.S....
09.11.19 | |

10 Aug

...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...
10.08.25 | |

30 Jan

...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...
30.01.13 | |

27 Jan

...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...
27.01.11 | |

20 Nov

...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...
20.11.23 | |

11 Dec

...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...
11.12.20 | |

08 Dec

...sought to “underscore the distinction between a principle of law, which is a matter of substance, and the means of enforcing it, which is a matter of procedure or remedy.”[7] The Court holds that the issue of corporate liability under the ATS is one of remedy, to be determined by domestic law. The Exxon and Flomo judgments also consider a number of other important issues in ATS jurisprudence, including the dismissal of the defendants’ arguments against the extraterritorial application of the ATS, and, in Exxon, the identification of the correct...
08.12.11 | |

31 Jul

A quick note on the two latest case examples on the table in our ongoing detention debate. First, Mr. Al-Marwallah’s case is a prime example of why we shouldn’t make broad new detention policy based on the problems of Gitmo alone. Mr. Al-Marwallah may not be prosecutable for taking terrorist training pre-2001 since the criminal material support statute in effect at that time may not (emphasize may) have had the requisite extraterritorial scope. Any such lacuna in the substantive scope of the criminal law has since been corrected. Mr. Al-Marwallah,...
31.07.08 | |

24 Jul

From the Guardian, an account that even an academic would have a hard time making up: Honduras may allow for extraterritorial appeals in some number of jurisdictions, amounting to “semi-independent city-states,” established to improve investment appeal: The complex constitutional agreement under discussion involves Mauritius – an island 10,000 miles away in the Indian Ocean – guaranteeing the legal framework of the courts in the development zones, known locally as La Región Especial de Desarrollo (RED). Mauritius, a member of the Commonwealth, still uses the privy council in Westminster as a...
24.07.12 | |

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 | |