Search: extraterritorial sanctions
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...
05 Jun Beyond Borders, Beyond Rights? The U.S. “Staging Expulsion” Policy and the Future of Externalization
...fear for their life. These evolving extraterritorial control mechanisms raise profound questions about the circumvention of established protection frameworks that have traditionally governed asylum policy. A Continuum of Externalization To understand the significance of this new “staging expulsion” model in the U.S., we must place it within a broader trend in migration governance: the externalization of migration control. Externalization refers to policies by which countries like the U.S., Australia or EU countries shift their migration enforcement responsibilities onto third countries – often in exchange for financial support, visa waivers or...
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’ –...12 Sep Method to the Madness? John Bolton and US Objections to ICC Jurisdiction
...resolved under the customary international law of jurisdiction. The Lotus and the distinction between prescriptive and enforcement jurisdiction The starting point when considering whether territorial states may or may not delegate their prescriptive and enforcement jurisdiction by treaty to an international court over nationals of non-consenting states is of course The Lotus. With respect to the exercise of prescriptive jurisdiction, Lotus stands for the principle that ‘what is not prohibited is permitted’ (a prohibitive rule). This rule does not apply to the extraterritorial exercise of enforcement jurisdiction as Lotus holds...
23 Jun Fantastical Opinio Juris and How to Find It
...statements therein made) to opine on whether the practice of extraterritorial self-defense against non-State actors absent consent of the territorial State was permitted or not by article 51 of the UNC. In prospecting for opinio juris a richer vein could not be found: States used legal justificatory discourse, expressed their own legal views, and weren’t coy on articulating what they thought was the definitive meaning, extent, and significance on the customary rules purportedly expanding (or not) self-defense. This seems to be the indicative of certainty about the articulation of legality...