Search: extraterritorial sanctions

...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...

...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,...

...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...

...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...

...of State is taking place this Thursday, February 12th, 2015 12:00 PM – 1:30 PM US Eastern Standard Time. This year’s theme is: “The Role of the Law in the Fight Against ISIL: Use of Force, Sanctions, and Foreign Terrorist Fighters.” The Section of International Law is pleased to announce the fifth annual non-CLE webcast with the Office of the Legal Adviser from the Jacob Burns Moot Courtroom of the George Washington University Law School in Washington, D.C. Cosponsored by the American Society of International Law, the George Washington University...

...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,...

...ITS Libra was ordered to move away from the distressed vessel. We thus agree with the Committee in that the due diligence obligation was breached by Italy’s delay in action and the failure to cooperate effectively (para 8.5). Conclu ding Remarks This findings of the HRC in A.S., D.I., O.I. and G.D. v. Italy are to be applauded, despite the Committee’s treatment of SRRs and jurisdiction. The decision appears as a beacon for future cases and provides a potential new direction in the extraterritorial protection of human rights at sea....

...born there, possessing no experience of life outside a detention environment. International law is unambiguous that they are victims, not security threats. The Convention on the Rights of the Child guarantees every child’s right to a nationality, to identity, and to have their best interests treated as a primary consideration. The Committee on the Rights of the Child has affirmed the extraterritorial reach of the Convention in the specific context of children detained in northeastern Syria. European courts have grappled with the implications. In September 2022, the Grand Chamber of...

...of such detentions depends a lot on the particular facts of the case. Category (2), while also leaving some ambiguities, sounds a fair bit like conduct that is now – but was not necessarily in 2001 – covered by the federal criminal laws of the United States. Receiving military training from a terrorist organization is its own independent federal crime and/or is almost certainly prosecutable under the extraterritorial material support offense. Category (4) – “History of associations with extremist activity” – seems to me simply too vague to make heads...

...of the UN and those of the troop contributing states (TCC). Siobhan states that according to a number of courts, human rights violations of a UN Peacekeeping force may be attributable to the TCC, and possibly to both the UN and the contributing state. In discussing this issue, she focuses primarily on the exercise of (extraterritorial) jurisdiction, rather than on attribution issues. The attribution question is however highly interesting. Siobhan refers inter alia to the Nuhanovic and Mustafic cases. In these cases, the Dutch Supreme Court held that in the...

For the first time, a truth and reconciliation commission has picked up stakes and moved to a foreign country to take public testimony: The Liberian Truth and Reconciliation Commission began its first extraterritorial session in St. Paul Minnesota this week. The Star Tribune has the full story here. One remarkable aspect of the story is the size of the Liberian expat community in the twin cities, and what it says about how the international becomes local — and vice versa: Minnesota is home to about 30,000 Liberians. It is one...

From the Guardian, an account that even an academic would have a hard time making up: Honduras may allow for extraterritorial appeals in some number of jurisdictions, amounting to “semi-independent city-states,” established to improve investment appeal: The complex constitutional agreement under discussion involves Mauritius – an island 10,000 miles away in the Indian Ocean – guaranteeing the legal framework of the courts in the development zones, known locally as La Región Especial de Desarrollo (RED). Mauritius, a member of the Commonwealth, still uses the privy council in Westminster as a...