Search: extraterritorial sanctions
16 Oct Guest Post: Removing the cloak of immunity – the Director of Public Prosecutions for England and Wales accepts no immunity from criminal investigation into torture
...crime of torture. FF argued therefore that prosecution of Prince Nasser for torture committed in Bahrain would be possible in UK courts pursuant to the extraterritorial criminal jurisdiction under Section 134 of the Criminal Justice Act 1988. In January 2013 FF was granted judicial review permission. As mentioned above, the matter was due to be heard in the High Court of England and Wales on 7 October 2014, roughly one year and 10 months after permission for judicial review was granted. However shortly before, the DPP appears to have accepted...
28 Jul The Oslo Accords and the International Criminal Court’s Jurisdiction in the Situation in the State of Palestine
...persons, or the interests of persons in things.” (O’Keefee, p. 735) The second is the jurisdiction to enforce, which regulates the State’s power to “enforce or compel compliance or to punish noncompliance with its laws or regulations.” (Houck, p.1367) The latter is typically territorial, whilst the former can be extraterritorial. (Stahn, p. 450) In relation to the delegation of a State of its jurisdiction to the ICC, it is important to distinguish ‘sovereignty’ from the ‘exercise of ‘sovereign rights’’. Unequivocally, “a State may continue to be sovereign even though important...
01 Jun Cutting the Gordian Knot: The Right to the Continuous Improvement of Living Standards as an Alternative to the Right to Development
...process. Debate around the redundancy of the right to development in light of the existing human rights framework exists and is periodically reanimated. Mainstream criticism of the right to development revolves around the liberal implications of a right seemingly legitimising economic development to the detriment of social and environmental factors, or misconstrues the right to development as merely ‘a synthesis of more traditional human rights’ (p. 481). More recently, critiques have contended that the redundancy of the right to development stems from the emerging recognition of the extraterritorial applicability of...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....12 Jun Andreas Lowenfeld: A Life Illuminating the Path
...authoritative legal treatises and over 115 law review articles and argued before the United States Supreme Court, the Iran-U.S. Claims Tribunal, and the International Court of Justice in the Hague. He made landmark contributions to legal scholarship and practice on issues as varied as extraterritorial jurisdiction, international arbitration, international monetary transactions, trans-border child abduction, international monetary law, investor-state dispute settlement, economic sanctions, enforcement of foreign judgments, aviation law, sovereign immunity, international trade, and civil procedure. His most recent work was a comprehensive treatise on International Economic Law. An avid supporter...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,...24 Nov A Response to Douglas Guilfoyle by Beth Van Schaack
...application of IHL, the international community should not lose sight of the fact that international human rights law remains applicable to the collective international response to acts of piracy. In a companion piece, Professor Guilfoyle focuses on the law governing the extraterritorial application of human rights law, the principle of non-refoulement, the prohibition of arbitrary detention, and due process protections (see Douglas Guilfoyle, Counter-Piracy Law Enforcement and Human Rights, 59 Int’l & Comp L Q 141 (2010)). In addition, the prohibitions of summary execution and other arbitrary deprivations of the...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...17 May Book Discussion “Outsourcing War and Peace”: Too Much Jurisdiction? – Contractor Liability After Brehm and Ali
...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...29 Nov Case of the Month: Doe v. Israel
...important, the case offers a primer on many, if not most, of the issues typically addressed in an international litigation class: ATS, TVPA, RICO, jus cogens, the political question doctrine, the act of state doctrine, head of state immunity, sovereign immunity, FSIA exceptions, the Hague Service Convention, jurisdictional discovery, personal jurisdiction over private defendants, and the extraterritorial application of substantive laws. If you wanted a good introduction to the salient issues in human rights litigation, Doe v. Israel is not a bad place to start. What is most interesting about...