Search: extraterritorial sanctions
24 Jan Kevin Jon Heller Responds to Professors Darryl Robinson and Carsten Stahn
...think that the text of Article 17 supports such efforts, but the efforts are there nonetheless. So one of the basic goals of my Article is to demonstrate that it may well be counterproductive to insist that states prosecute international crimes as international crimes, given their legal and evidentiary complexity. Second, although Carsten seems to concede that international crimes are more difficult to prosecute domestically than ordinary crimes, he points out that they have their advantages, such as to offer ‘”a broader basis for jurisdiction (i.e. prosecution of extraterritorial acts),...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...22 Jul Should Mere Presence in the Forum State Be Enough to Trigger Universal Jurisdiction?
...the exercise of well recognized forms of extraterritorial jurisdiction, sometimes notwithstanding treaty obligations to enable themselves so to act. National legislation may be illuminating as to the issue of universal jurisdiction, but not conclusive as to its legality. Moreover, while none of the national case law to which we have referred happens to be based on the exercise of a universal jurisdiction properly so called, there is equally nothing in this case law which evidences an opinio juris on the illegality of such a jurisdiction. In short, national legislation and...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...17 Sep Extra Thoughts on Today’s 2nd Circuit ATS Decision
...which the court reserved on ways in which it might be curtailed still further – in passing, the court noted but declined to take a view on whether the ATS might have no extraterritorial application, limiting it to conduct within the United States. Once corporations were understood as targets, once everyone understood that neither plaintiff nor defendant required any traditional connection to the United States, as parties, in conduct, nothing, and once the plaintiffs bar saw opportunities to join forces with the NGOs and activists, the trend of the ATS...26 Mar It’s Official – and a Word on GCIV Art. 42
...the context of NIAC, Article 42 detention authority even in the more constrained context of IAC is dramatically limited, permitting only that detention as is “absolutely necessary” for the security of the detaining power. Is it “absolutely necessary” for the security of the United States that it be able to detain terrorist suspects picked up anywhere in the world under a legal authority that goes beyond its own sweepingly extraterritorial and often preventively focused criminal law? Guess we’ll find out if the administration advances the Art. 42 theory in court....17 Feb The Absence of Practice Supporting the “Unwilling or Unable” Test
...critical when it comes to doctrines like “unwilling or unable,” because its actual adoption by states would open the floodgates to the extraterritorial (ie, sovereignty-infringing) use of force against non-state actors. There may well come a time when the “unwilling or unable” test reflects customary international law, but that time is not now. Two states do not a customary rule make, however powerful those states may be. And we cannot simply ignore the states in the Global South, however inconvenient powerful states in the Global North may find their views....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...08 May Kiobel Insta-Symposium: Is Corporate Liability Jurisdictional?
...The question thus is whether the Supreme Court’s affirmance constituted a dismissal for lack of SMJ, or instead was a dismissal on the merits. Contextual clues in the Chief Justice’s opinion—in particular, the application of the presumption against extraterritoriality (PAE)—indicate that the Court went beyond the issue of SMJ and reached aspects of the merits. The Court concluded that “[o]n these facts,” the PAE barred relief in this case. There are certain limited circumstances in which a federal court may dismiss on the basis of threshold issues before ascertaining its...
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...