Search: extraterritorial sanctions
25 Nov Stewart Mini-Symposium: A Response to Steven Ratner
...the ATS—both involve the “discovery” of a latent legal framework waiting to be employed; Ratner argues that “it is not clear how switching to the ICL model eliminates… the very problem that Kiobel addressed. i.e., the extraterritorial reach of domestic law.” Although I acknowledge not addressing extraterritoriality in depth in my introduction, I do cite evidence from a comparative survey which concluded that 11 of 16 states surveyed have jurisdiction over international crimes perpetrated by their nationals overseas. Ratner also objects that “if we think… diversity of criminal law accomplice...01 Jun The Continuing Predator Drone Campaign in Pakistan
...the point yet where there’s a sense that there’s anything that could replace that,” the second military official said of the drone attacks. From the legal side, however, I wonder if the Obama administration is cognizant of the kind of pushback that the soft-law community is gearing up to offer. The position of the human rights community continues to harden, in the sense of treating targeted killing as extrajudicial execution under human rights law, and to pushing that conclusion onto the United States through four legal premises: Extraterritorial application of...19 Oct Legally Distinct Corporate Entities and Agency Theory in Bauman v. Daimler AG and Kiobel
...is proper for a US court to find jurisdiction over a foreign corporate entity on the basis of of a US corporate subsidiary. Chief Justice Roberts flagged the importance of this further question at the very end of his Kiobel opinion, which relied upon the presumption against extraterritoriality; for something to “touch and concern” the United States, he said, sufficient to satisfy jurisdictional requirements under the ATS, contacts would have to be more than mere corporate presence. Corporations are often present in many countries, and it would reach too far...
07 Oct Rethinking International Law After Gaza Symposium: Palestine at the ICJ – International Law v The “Rules Based Order”
...fact and in effect if not intention, support the status quo of violence and oppression? Will the Global South, or “the rest” (of “the West and the rest”), stand up concretely for one of its own, or simply continue, literally, to carry on business as usual beneath a façade of performative rhetoric and ineffectual diplomatic gestures? And if the latter, is it fear of repercussions — for example, sanctions from the U.S — or simply naked self-interest that negates effective action? International law is legitimate insofar as it is fairly...10 Nov Weekly News Wrap: Monday, November 10, 2014
...they said were killed in U.S. air strikes on Wednesday night which Washington said targeted an al Qaeda-linked militant faction. Oceania Australia said on Saturday it was pleased with progress on a long-planned free trade agreement with China and that it would be happy to conclude it by next week when Chinese President Xi Jinping visits. UN/World The UN Security Council has imposed sanctions on Yemen’s former president Ali Abdullah Saleh and two allied rebel commanders for threatening the peace and stability of the country and obstructing the political process....05 Sep Is There a Regime China Won’t Support?
The Globe & Mail has a blockbuster report today concerning China’s willingness to supply weapons to Gaddafi’s regime during the rebellion: China offered huge stockpiles of weapons to Colonel Moammar Gadhafi during the final months of his regime, according to papers that describe secret talks about shipments via Algeria and South Africa. Documents obtained by The Globe and Mail show that state-controlled Chinese arms manufacturers were prepared to sell weapons and ammunition worth at least $200-million to the embattled Col. Gadhafi in late July, a violation of United Nations sanctions....20 Nov Binding on All States All of the Time
...international organizations, participation in 200 cases at the ICJ and PCIJ, in thousands of cases in human rights courts, in mediation, negotiation, and arbitration over ever possible right or claim relevant to states—and all in terms of international law. And these officials know there are sanctions for violating international law. If you were to ask the proverbial man on the street whether he has human rights or his country has inviolable national borders—most would say yes and know these are legal rights from beyond the state itself. One of the...17 Nov U.S. Senate Approves U.S.-India Civil Nuclear Cooperation Deal
...nukes unless they submit to international treaty regimes. The new U.S. strategy: friends like India get help in peacefully controlling their nukes, enemies like Iran and North Korea get ugly threats of sanctions even if neither India, Iran, nor North Korea are currently part of the international non-proliferation treaty regime. Second, being more of a foreign relations than international relations guy, I’m interested in the fact that the nuclear cooperation deal is being approved in the form of a congressional-executive agreement rather than as a treaty or even as a...26 Nov Will Russia Comply with the ITLOS Ruling? Probably Not.
...is not in the cards. As this Russian law professor explains, “If Russia refuses to fulfill the requirements of the International Tribunal for the Law of the Sea regarding the Greenpeace case, it will not entail any sanctions. International law does not provide punishment for insubordination,” Labin said. I don’t want to overstate the significance of this incident, but if Russia fails to comply (unlike Ghana earlier this year) and does not participate in the Annex VII arbitration (per the China example) either, this is another serious problem for the...