Search: extraterritorial sanctions
11 Jul A Canal Runs Through It
...the plaintiffs. But the court isn’t buying it. It finds that the National Environmental Protection Act (NEPA) doesn’t protect foreign harms, including Mexican seepage wetlands just south of the border. Statutes don’t normally have extraterritorial application and there’s nothing in NEPA to suggest Congress wanted to protect these foreign environmental harms. Okay, that argument didn’t hold water, so the plaintiffs try for trans-boundary harm. Harms in Mexico will have trans-boundary harms in the United States. Like what? Well, the loss of seepage in Mexico will reduce crop importation to the...
05 Sep Iran’s Threat of Retaliation
...international efforts focus primarily on preventing the effects of such threats, rather than on addressing the threats themselves or sanctioning them. There may be an implicit understanding that deviates from the stricter conclusions of the Nuclear Weapons Advisory Opinion. Specifically, the threat of force in response to the extrajudicial and extraterritorial killing of a high-ranking individual within domestic settings (even if they are considered leaders of terrorist organizations, such as Hamas, which is designated as a terrorist organization by the US and the EU) might be viewed as a proportionate...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...
09 Nov Israel’s War in Gaza is Not a Valid Act of Self-defence in International Law
...aggression by Germany and Japan. Israel’s obligations in the law of occupation and international human rights law (applicable extraterritorially), which govern how it exercises its military authority in the Gaza Strip and the West Bank, oblige it to secure public order and protect human rights. However, even if these obligations, especially those in occupation law (specifically, Article 43 of the Hague Regulations, part of occupation law) can be understood as a general matter to encompass an obligation to use force in occupied territory to neutralize threats emanating from there to...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...24 Nov A Response to Douglas Guilfoyle by Beth Van Schaack
...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...
23 Jun Digital Clarity: Why International Law Needs Clearer Application in the Digital Space
...control over territory. Furthermore, States must ensure their cyber capabilities and operations comply with existing international obligations, including human rights law, international humanitarian law, and treaty commitments. The extraterritorial application of human rights obligations takes on new dimensions when State surveillance technologies can monitor individuals globally or when State cyber operations affect critical infrastructure providing essential services. In December 2018, the UN General Assembly adopted the Eleven Norms of Responsible State behaviour in cyberspace. Although these norms are voluntary, they are based on international law obligations. However, it is concerning...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...