Search: extraterritorial sanctions
16 Oct The Trump Administration and International Law: A Reply
...from the inside I “actually advised the Obama administration to change its interpretation and to recognize the extraterritorial application of the ICCPR;” I then argued with greater success both internally and externally for the view that the Convention Against Torture applies extraterritorially, a view that the Obama administration eventually adopted after I left. Given Eviatar’s recognition that I fought internally—with admittedly mixed success—for the United States to actually comply with international human rights law, I am bit puzzled by her suggestion that “prominent lawyers and legal scholars like [my]self could...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...01 Oct Kiobel Argument Goes Badly for Shell (FWIW)
...well, allowing for the possible interposition of procedural bars to the making of Alien Tort claims (as pushed by Sotomayor). He got in an effective IG Farben analogy and even a little human rights speechifying (see p. 55). Breyer gets the award for zinger of the day: “if Hitler isn’t a pirate, who is?” (Anyone want to do the legal math on that one?) So predictions of the ATS (extraterritorial) demise may be premature. On the other hand, recent experience demonstrates that predictions based on oral arguments are not especially...04 Dec Did the Supreme Court Implicitly Reverse Kiobel’s Corporate Liability Holding?
...Chief Justice Roberts stated that ““[c]orporations are often present in many countries, and it would reach too far to say that mere corporate presence suffices [to displace the presumption against extraterritorial application].” The argument here is that although “mere corporate presence” is not enough, corporations with other, deeper connections might displace the presumption against extraterritoriality. (Since the Court in other places explicitly stated it was not reaching the corporate liability question, I am skeptical of this argument). Second, and more persuasively, you might argue that because the Supreme Court dismissed...18 Feb Constitutional Right, No Gitmo Remedy
...over who crosses U.S. borders, it’s not for the courts to decide otherwise absent some very clear authorization. So “what law authorized the district court to order the government to bring petitioners to the United States and release them here?” Not the Due Process Clause, says the D.C. Circuit. Immigration cases have always held that the Constitution doesn’t extend to non-citizens held beyond the “sovereign territory” of the United States. (Never mind, I suppose, that Justice Kennedy’s Boumediene majority no longer thinks sovereignty is the touchstone for the extraterritorial extension...
04 Apr Is 2022 the Year of Genocide? Recent Events at the ICJ Suggest Yes
...prompted to respond to a legal finding of genocide through sanctions, boycotts, or the pursuit of universal jurisdiction cases, especially in light of Article I’s obligations “to prevent and to punish,” which the Court has long held are “not territorially limited by the Convention.” This extraterritorial duty will, as mentioned previously, be relevant to the Ukraine case, in which the Court will determine whether Russia’s use of military force to prevent and punish “genocide” in Ukraine is legal. This inquiry could, in tandem with an advisory opinion on whether China...
02 Dec For the Biden Presidency, Promoting Human Rights in Asia Aligns Well with US Strategic Interests
...and other forms of sexual violence, and forced abortion.” Rather than coddling him, taking a tougher stance with Kim Jong Un, which could include a new sanctions regime, might help advance both First Generation rights (in terms of demanding greater respect for civil/political liberties) as well as Third Generation rights (the collective right to peace via nuclear disarmament). This would be to the advantage of the Biden administration because, per the McCain Institute, “how a regime treats its own people is often indicative of how it will behave in foreign...29 Mar ASIL Cables: 2012 Grotius Lecture
...armed conflict with Al Qaeda and associated forces. Rather, he explained, the ICRC characterizes the situation as a “multifaceted fight against terrorism,” a fight whose methods range from financial sanctions, on one end of the spectrum, to the use of armed force, at the other. While there may be localized armed conflicts in places where military force is used, Kellenberger warned against the overly promiscuous application of international humanitarian law (IHL). He noted pointedly that IHL rules are less protective than the rules that would otherwise apply (which, I should...
30 Mar Symposium on COVID-19 and International Law: Introduction
...Maintain Open Trade on Critical Supplies Douglas Guilfoyle: Teaching Public International Law in the Time of Coronavirus—Migrating Online Matt Pollard, Mathilde Laronche and Viviana Grande: The Courts and Coronavirus (Part 1 and Part 2) Nina Sun and Livio Zilli: The Use of Criminal Sanctions in COVID-19 Responses—(Exposure and Transmission, Part 1, and Enforcement of Public Health Measures, Part 2) Leó n Castellanos-Jankiewicz: US Border Closure Breaches International Refugee Law Priya Pillai: COVID-19 and Migrants–Gaps in the International Legal Architecture? Marcos D. Kotlik and Ezequiel Heffes: COVID-19 in Conflict-Affected Areas–Armed Groups...