Search: extraterritorial sanctions
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...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...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...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...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...01 May A Return to “Diplomatic Asylum”?
...NGO activities in Egypt before being allowed to leave the country. I had always thought “diplomatic asylum” something of a misnomer, as often paired with the common misunderstanding that embassy premises are extraterritorial (as in, that the US embassy in Beijing counts as US territory, which in fact it doesn’t). Turns out that the term has some historical traction, even though the its operation now appears to turn on the inviolability of diplomatic premises under the Vienna Convention on Diplomatic Relations and not any distinctive legal doctrine. Much of that...
04 Jan In Ukraine, Russian Passportization Generates Effective Denationalization
...substantive legal grounds. To this end, the prohibition on the imposition of nationality may mandate non-recognition in particular instances of passportization. A valid grant of nationality requires the consent of the naturalized individual. Coercing someone into naturalizing vitiates their consent, rendering the resulting grant of nationality invalid. Therefore, where Russian forces directly coerced Ukrainians into applying for Russian passports, either by threatening them with violence or prohibitive administrative sanctions, the resulting grant of nationality is invalid. In arguing for blanket non-recognition, as opposed to the unlawfulness of individual instances, states...
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...31 May IHL and International Human Rights Law in Non-International Armed Conflict
...long held (if, in my view, unfortunate) position that ICCPR doesn’t apply extraterritorially (which the report acknowledges), this seems a bit of a tough legal case to make. Beyond the trial situation (to which it seems CA3 would surely apply), as long as we’re choosing between legal regimes the United States officially rejects, why not pick APII, or API by analogy, as the more useful standard? Truly asking here. Responses to that question produced an interesting exchange on and off-line between Gabor Rona and Marty Lederman. With the relevant permission...
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’ –...