Search: extraterritorial sanctions

...international efforts focus primarily on preventing the effects of such threats, rather than on addressing the threats themselves or sanctioning them. There may be an implicit understanding that deviates from the stricter conclusions of the Nuclear Weapons Advisory Opinion. Specifically, the threat of force in response to the extrajudicial and extraterritorial killing of a high-ranking individual within domestic settings (even if they are considered leaders of terrorist organizations, such as Hamas, which is designated as a terrorist organization by the US and the EU) might be viewed as a proportionate...

...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...

Last week the Ninth Circuit issued a controversial opinion in Mujica v. Airscan, Inc., that sharply limits the scope of human rights litigation. The claims in Mujica arose in Colombia and allegedly implicate corporate collusion with the Colombian military. Following Kiobel the common consensus was that Alien Tort Statute litigation would be severely curtailed based on the presumption against extraterritoriality. Not surprisingly, the Ninth Circuit rejected the Plaintiffs’ claims, finding that where the only connection to the United States was the Defendants’ nationality, the claims do not “touch and concern”...

...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...

...“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...

...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...

...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...

...for going after terrorists themselves. But even as the administration wants to expand the reach of the strategy, the legal space for it threatens to shrink. And it is not especially clear that the administration understands that acceptance of certain things that parts of its foreign policy advisors would like to do – accept extraterritorial application of the ICCPR, for example – would have potentially grave effects on the legal rationales it offers for its targeted killing strategies. I see it as a potential clash within the Obama administration’s foreign...

...actors (BVerfG, 2 BvE 2/16, paras. 50–51). At any rate, such extraterritorial operations may constitute a violation of the sovereignty of the State of sojourn. If this State – for example, Afghanistan (now represented by the Taliban) – did not consent to such an attack, the strike would constitute a violation of the principle of non-intervention derived from the principle of the sovereign equality of States (Article 2(1) UN Charter) (cf. ICJ, Nicaragua Judg. 1986, para. 202); it could also amount to a violation of the prohibition of the use...

...the plaintiffs. But the court isn’t buying it. It finds that the National Environmental Protection Act (NEPA) doesn’t protect foreign harms, including Mexican seepage wetlands just south of the border. Statutes don’t normally have extraterritorial application and there’s nothing in NEPA to suggest Congress wanted to protect these foreign environmental harms. Okay, that argument didn’t hold water, so the plaintiffs try for trans-boundary harm. Harms in Mexico will have trans-boundary harms in the United States. Like what? Well, the loss of seepage in Mexico will reduce crop importation to the...

...world states violate human rights, rule-of-law-abiding weapons manufacturers in the first world respond to the conscience of humanity by adhering to their extraterritorial human rights obligations (see, EU Criterion Two). However, when benevolent and civilised states commit atrocities, these actions are often dismissed as the unfortunate consequences of war. The suspension of arms trade is not even considered until the scale of the atrocities becomes too significant to ignore. When it’s raining bombs, trade becomes a passive factor against carnages and barbarisms of weapon-yielding entities, states or non-state entities or...

...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...