Search: extraterritorial sanctions
24 Jan A Response to Kevin Jon Heller by Carsten Stahn
...offer a broader basis for jurisdiction (i.e. prosecution of extraterritorial acts), curtail the applicability of statutes of limitation or extend the prospects for cooperation and judicial assistance. Moreover, in practice, domestic and international crime labels are de facto often interrelated in a domestic setting. Many jurisdictions rely on a mix of ‘international’ and ‘ordinary crime’ definitions in order to try offences, or adjust modes of liability to capture the conduct in question. These factors are not taken into account in the Heller’s ‘cost-benefit’ analysis. Paradoxically, in existing practice, ‘ordinary crime’...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...
05 Oct Trump vs. International Law: Unilateral Use of Force
...as originally understood, article 51 did not permit extraterritorial force against non-state actors without the consent of the territorial State. The real question, therefore, is whether state practice, whether as a constituent element of customary international law, or as subsequent practice for the purposes of interpreting the UN Charter, could have modified this original state-centric reading of the Charter. This question is at the heart of a forthcoming book, The Trialogue on the Use of Force against Non-State Actors (Mary Ellen O’Connell, Christian Tams, Dire Tladi). In my view, an...
08 Dec Collective Efforts Essential for Justice in Syria
...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,...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...