In association with the International Commission of Jurists

Search: extraterritorial sanctions

26 Oct

...indicated, the same Ninth Circuit majority also held in Sarei that the adjudication of transitory torts under the Alien Tort Statute does not violate a statutory presumption against extraterritoriality (slip op. at 19334-39) (or, I might add, international law constraints on the extraterritorial application of U.S. law, since the conduct-regulating norms being applied under the ATS come from international law). In addition, in response to an argument raised by the dissent, the majority found that claims relating to violations of international norms that meet the test of universal acceptance set...
26.10.11 | |

01 Jun

...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...
01.06.23 | |

09 Jan

...this case raises unusual issues of dual sovereignty and double jeopardy. The only reason that Yakoob is subject to the double jeopardy problem is because the United States has imposed extraterritorial criminal penalties for crimes committed by Canadians in Canada. It’s much harder to argue that both Canada and the United States have dual sovereignty claims, or at a minimum that the United States’ claim to sovereignty is equal to that of Canada’s. Can someone more conversant in the area help me out? Is anyone aware of a similar case...
09.01.08 | |

01 Apr

...has been developed in the jurisprudence of the Committee on Economic, Social and Cultural Rights (CESCR) and other sources, such as the Maastricht Principles on Extraterritorial State Obligations in area of ESCR.  This obligation means that States should coordinate with each other in the allocations of responsibility to address COVID-19, as well as acting in concert through international agencies, such as the World Health Organization. In addition, certain States, typically developing States with fewer available resources, should seek international assistance to ensure the effectiveness of their COVID-19 responses when, despite...
01.04.20 | and |

01 Nov

...(UNIIIC). Saturday 10 November is just as rich and exciting, with 11 panels covering issues as varied as conflict resolution and justice, international arbitration, multinational enterprises, health care in war zones, the rules governing financial crises, development and humanitarian assistance and extraterritorial jurisdiction. Saturday also presents a stimulating plenary panel on the Security Council with David Malone and Rohan Mukherjee from Princeton University The full program and details for registration are available here. The Conference Co-chairs are Fannie Lafontaine (Laval University) and Rodney Neufeld (DFAIT). CCIL Vice-president (Annual Conference) is...
01.11.12 | |

09 Oct

...access to victims. The United States has ended military aid to Myanmar and imposed economic sanctions in response to the human rights abuses being committed in Myanmar. Secretary Pompeo has pledged to hold those responsible for the “abhorrent ethnic cleansing” accountable. It has also recently announced that it will provide more than $185M in humanitarian aid to Myanmar’s Rakhine State. The United States commissioned its own investigation into the Rohingya situation involving over 1000 randomly selected refugees in camps in Cox’s Bazar, Bangladesh, who were surveyed in April 2018. The...
09.10.18 | |

08 Dec

...agenda, but did not have the authority to conduct prosecutions. Syrian civil society organizations, including victims’ groups, also played a critical role in gathering and analyzing information to support accountability and advance justice. With their help, European courts prosecuted some of these crimes under the principle of universal jurisdiction or other forms of extraterritorial jurisdiction. This has led to multiple trials that have so far been the only, though limited, justice avenues available to victims and survivors. The broader impact of impunity for crimes in Syria is evident. For example,...
08.12.25 | and |

29 May

...for Extraterritorial Self-Defense,” Ashley Deeks (Columbia Law School, incoming Associate Professor of Law, University of Virginia School of Law) offers the first sustained descriptive and normative analysis of the “unwilling or unable” test in international law. Descriptively, it explains how the “unwilling or unable” test arises in international law as part of a state’s inquiry into whether it is necessary to use force in response to an armed attack. It identifies the test’s deep roots in neutrality law while simultaneously illustrating the lack of guidance about what inquiries a victim...
29.05.12 | |

29 Nov

...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...
29.11.05 | |

17 May

...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...
17.05.12 | |

19 Oct

...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...
19.10.13 | |

24 Nov

...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...
24.11.10 | |