Search: extraterritorial sanctions
17 Jun More on Eisenstrager
...of hostile acts” as the intention of each of these individuals “because they are a duty to his sovereign.” Precisely because that is not what the United States is doing here, the Eisenstrager rationale cannot be imported wholesale to resolve the Boumediene dilemma. Whatever the merits or failings of the ascriptive allegiance approach in Eisenstrager, it does not transform the Guantanamo detainees into enemy aliens. And, even if it remains binding precedent, it does not dictate that alien detainees can never seek review of their extraterritorial detention in federal court....
30 Mar COVID-19 Symposium: Returning “Home”–Nationalist International Law in the Time of the Coronavirus
...as if it were a duty owed to nationals abroad, a new form of extraterritorial public service that may even flow from human rights. That surfeit of protection for the select few, of course, coincides in some countries with a further undermining of protections for foreigners, particularly unlawful immigrants. What will be the consequences of these evolutions, especially if they become even more entrenched in months to come? Globalization was always a half-truth or a half-lie depending on one’s perspective, a phenomenon as much symbolizing the freedom of movement for...
12 Feb Legal Uncertainty Regarding the Applicability of the ECHR in International Armed Conflict in the Active Phase of the Hostilities
...conflict—at least for now. No Responsibility of Russia during the Phase of Active Hostilities The Court found Russia responsible for human rights abuses (Articles 2, 3, 5, 8; Article 1 P1 and Article 2 P4) only in the immediate aftermath of the conflict, but not during the phase of active hostilities. In this regard, the argumentation of the Court and the dissenting opinions reveal that it was not easy for the Court to legally resolve the issue related to the extraterritorial applicability of the ECHR in the active phase of...26 Dec Another Round in the Amnesty-Goodman-Heller Debate over Universal Jurisdiction
...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...23 Mar Human Rights and Universal Access to COVID-19 Vaccines: Does the Human Rights Council Resolution go far enough?
...have often arranged their own affairs in a way that is detrimental to access to vaccines in other countries in spite of their extraterritorial legal obligations to, at very least, avoid their actions that would foreseeably result in the impairment of the human rights of people outside their own territories. It is worth emphasizing that it has still been only some four months since the first mass vaccination campaigns began in December 2020. At the time of writing, approximately 450 million people had been vaccinated worldwide, while many African nations,...
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’ –...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...
26 Jun The Ljubljana-The Hague Convention: Where are we Now?
...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...14 May Brookings Conference on Legislating Counterterrorism
...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...