Search: extraterritorial sanctions
18 Apr Bellinger Speaks Out on ATS Litigation
...fundamental problems with how lower courts have approached these suits. These problems center on five key issues: First, whether the ATS applies extraterritorially – that is, whether a U.S. court can properly apply U.S. federal common law under the ATS to conduct that occurred entirely in the territory of a foreign State. Second, even if such a cause of action could properly be recognized, whether exhaustion of adequate and available local remedies in that foreign country should be a prerequisite to bringing an ATS suit. Third, whether corporations or other...
11 Oct Rethinking International Law After Gaza Symposium: Trade, Resistance and International Law – Responding to Atrocities
...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...03 Jun Ken’s Not-Yet-Response re Drone Warfare and Targeted Killing and Professor Alston’s Report
...post on the irreducible categories of international and non-international armed conflict and why they are the “residual” forms of armed conflict, rather than a category called armed conflict that is then further subdivided. It has bearing on this question of where an armed conflict is underway.) Meaning, Marko starts from two points – one is extraterritorial application of the ICCPR. I don’t buy that, the US doesn’t buy it – and I don’t think its position unprincipled or ungrounded. If one disagrees not just as to the view, but also...25 Nov Stewart Mini-Symposium: A Response to Steven Ratner
...the ATS—both involve the “discovery” of a latent legal framework waiting to be employed; Ratner argues that “it is not clear how switching to the ICL model eliminates… the very problem that Kiobel addressed. i.e., the extraterritorial reach of domestic law.” Although I acknowledge not addressing extraterritoriality in depth in my introduction, I do cite evidence from a comparative survey which concluded that 11 of 16 states surveyed have jurisdiction over international crimes perpetrated by their nationals overseas. Ratner also objects that “if we think… diversity of criminal law accomplice...01 Jun The Continuing Predator Drone Campaign in Pakistan
...the point yet where there’s a sense that there’s anything that could replace that,” the second military official said of the drone attacks. From the legal side, however, I wonder if the Obama administration is cognizant of the kind of pushback that the soft-law community is gearing up to offer. The position of the human rights community continues to harden, in the sense of treating targeted killing as extrajudicial execution under human rights law, and to pushing that conclusion onto the United States through four legal premises: Extraterritorial application of...10 Jan Trump’s Threat of Destruction of North Korea and Proportionate Defensive Force: An Assessment of Similar Observations in Legal Scholarship and US Practice
...the possible destruction of North Korea’s army as permissible defensive action, coupled with the self-defense justifications advanced for the US’s wide-scale extraterritorial drone program since 2010, may reflect serious attempts to reinterpret and loosen the well-accepted rules on the principle of proportionality to the point of irrelevance. These expansive readings of self-defense, however, have never been endorsed by the rest of the international community or even the majority of them. On the contrary, the requirement of halting and repelling an armed attack still represents the only primary benchmark for the...31 Oct Opinio Juris-EJIL Talk! Joint Book Discussion of Kevin Jon Heller’s “The Nuremberg Military Tribunals and The Origins of International Criminal Law”
...Juris, David Glazier (Loyola, LA), Detlev Vagts (Harvard), Roger Clark (Rutgers-Camden), Devin Pendas (Boston College) and Lawrence Douglas (Amherst). The discussion will start with a cross-posted introduction by Kevin today, and end with his reply to the discussants on Friday. Both the discussants and our readers are of course welcome to join in in the comments. Following discussion of Kevin’s book, Opinio Juris and EJIL:Talk! will host a joint discussion of Marko Milanovic’s book, Extraterritorial Application of Human Rights Treaties: Law, Principles and Policy (Oxford UP). Cross-posted at EJIL: Talk!...
04 Apr Is 2022 the Year of Genocide? Recent Events at the ICJ Suggest Yes
...prompted to respond to a legal finding of genocide through sanctions, boycotts, or the pursuit of universal jurisdiction cases, especially in light of Article I’s obligations “to prevent and to punish,” which the Court has long held are “not territorially limited by the Convention.” This extraterritorial duty will, as mentioned previously, be relevant to the Ukraine case, in which the Court will determine whether Russia’s use of military force to prevent and punish “genocide” in Ukraine is legal. This inquiry could, in tandem with an advisory opinion on whether China...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...