Search: extraterritorial sanctions
23 Jun Fantastical Opinio Juris and How to Find It
...statements therein made) to opine on whether the practice of extraterritorial self-defense against non-State actors absent consent of the territorial State was permitted or not by article 51 of the UNC. In prospecting for opinio juris a richer vein could not be found: States used legal justificatory discourse, expressed their own legal views, and weren’t coy on articulating what they thought was the definitive meaning, extent, and significance on the customary rules purportedly expanding (or not) self-defense. This seems to be the indicative of certainty about the articulation of legality...11 Apr My Compilation of On-line Treaty Databases
...of the key features of my forthcoming book — The Oxford Guide to Treaties is a new set of treaty clauses. The volume includes 350 clauses taken from an array of existing treaties on 23 different treaty issues, such as the various ways treaty clauses may define a treaty’s object and purpose, delineate territorial and extraterritorial application, identify a treaty’s relationship to other treaties, or authorize simplified amendment procedures. I found some of these clauses the old fashioned way, using multi-volume hard-bound sets of books like those edited by Bevans...12 Sep Method to the Madness? John Bolton and US Objections to ICC Jurisdiction
...resolved under the customary international law of jurisdiction. The Lotus and the distinction between prescriptive and enforcement jurisdiction The starting point when considering whether territorial states may or may not delegate their prescriptive and enforcement jurisdiction by treaty to an international court over nationals of non-consenting states is of course The Lotus. With respect to the exercise of prescriptive jurisdiction, Lotus stands for the principle that ‘what is not prohibited is permitted’ (a prohibitive rule). This rule does not apply to the extraterritorial exercise of enforcement jurisdiction as Lotus holds...
15 Jul Symposium on PMSCs: When Surveillance Goes Private
...how India, Honduras, and Switzerland have introduced laws with an extraterritorial reach that clarify these states’ responsibilities for overseeing private security operations abroad. Finally, data protection principles and legislation are particularly relevant in controlling the data processing activities of PMSCs. Over 130 countries around the world have introduced data protection and privacy legislation that would be directly applicable to the companies operating in their jurisdiction. Also, the Council of Europe Convention 108 – officially titled ‘Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data’ –...24 Jan Kevin Jon Heller Responds to Professors Darryl Robinson and Carsten Stahn
...think that the text of Article 17 supports such efforts, but the efforts are there nonetheless. So one of the basic goals of my Article is to demonstrate that it may well be counterproductive to insist that states prosecute international crimes as international crimes, given their legal and evidentiary complexity. Second, although Carsten seems to concede that international crimes are more difficult to prosecute domestically than ordinary crimes, he points out that they have their advantages, such as to offer ‘”a broader basis for jurisdiction (i.e. prosecution of extraterritorial acts),...
05 Jun Beyond Borders, Beyond Rights? The U.S. “Staging Expulsion” Policy and the Future of Externalization
...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...
16 Oct The Trump Administration and International Law: A Reply
...from the inside I “actually advised the Obama administration to change its interpretation and to recognize the extraterritorial application of the ICCPR;” I then argued with greater success both internally and externally for the view that the Convention Against Torture applies extraterritorially, a view that the Obama administration eventually adopted after I left. Given Eviatar’s recognition that I fought internally—with admittedly mixed success—for the United States to actually comply with international human rights law, I am bit puzzled by her suggestion that “prominent lawyers and legal scholars like [my]self could...17 Sep Extra Thoughts on Today’s 2nd Circuit ATS Decision
...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...01 May A Return to “Diplomatic Asylum”?
...NGO activities in Egypt before being allowed to leave the country. I had always thought “diplomatic asylum” something of a misnomer, as often paired with the common misunderstanding that embassy premises are extraterritorial (as in, that the US embassy in Beijing counts as US territory, which in fact it doesn’t). Turns out that the term has some historical traction, even though the its operation now appears to turn on the inviolability of diplomatic premises under the Vienna Convention on Diplomatic Relations and not any distinctive legal doctrine. Much of that...18 Feb Constitutional Right, No Gitmo Remedy
...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...