Search: extraterritorial sanctions
24 Jul Postnational Justice: Honduras Looks to Outsource Appeals to Mauritius (and London)
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...30 Jul Events and Announcements: 30 July 2023
...part of Volume 35(2), the National Law School of India Review (‘NLSIR’) is releasing a Special Issue focusing on the interactions of TWAIL with ideas of jurisdiction, extraterritoriality, statehood, and sovereignty. The vision behind the Issue owes its origins to Prof. B.S. Chimni’s path-breaking article titled “The International Law of Jurisdiction: A TWAIL Perspective”. In his work, Prof. Chimni highlights the need to critically (re)view the categories of ‘territory’ and ‘extraterritorial. Prof. B.S. Chimni will provide an Afterword, with general reflections and takeaways from the Special Issue. Keeping with our...09 Aug A Business and Human Rights Treaty: The Risks of Human Rights Counter-Diplomacy
...to address in the early stages of this draft. Looking forward A treaty that would link B&HR would provide a more coherent and less fragmented international law, stipulating that human rights would take part of the law that regulates businesses. A treaty could clarify the precise content of states’ duty to protect human rights by being explicit in the extraterritorial reach of this duty, in order to dissipate any confusion. It would define clear legal obligations of corporations with respect to human rights, and could address how multi-national corporations can...26 Mar Kiobel (I): ATS Arguments Make for Strange Bedfellows
...on extraterritoriality. Now the conservatives point to U.S. law – the judge-made presumption against extraterritoriality – and liberals point to the international status of the offenses. It is like a game of Twister. Neither position is fully correct. There may be a place for extraterritoriality in ATS cases, but in a much narrower class of cases then where it is currently applied. The following two posts will draw on much of my prior work, and I hope the reader forgives me not recapitulating the entire argument of those articles here....03 Mar Human Rights Litigation in State Courts and Under State Law
...state torts for wrongful death, battery, and false imprisonment are the basis for causes of action for international human rights litigation, then state choice of law rules are going to become the rage for human rights practitioners. We should all start reading the conflict of laws treatises of Patrick Borchers and Symeon Symeonides again, and start considering the constitutional and international law limits of the extraterritorial application of common law torts. Fortunately, some incredibly productive young guns like Chris Whytock, Trey Childress, and Anthony Colangelo are filling the gap. My...22 May Guest Post: Rona on Mohammed v. Ministry of Defence and Detention in NIAC
...a decision of the High Court of England and Wales that has already received a good bit of attention. The reason I limit the question to “in armed conflict” is that outside of armed conflict, the source of detention power is clear. There, it’s domestic law as constrained by international human rights law that provides the answer. A single important asterisk is made necessary here because a very few recalcitrant states, like the US, deny that human rights law applies to their extraterritorial conduct. The reason I limit the question...23 Mar The “Law Enforcement” War on Drugs
...I called the “war on drugs” in a previous post. But the indictment of the entire rebel leadership takes this “war” to a new level. First of all, it further demonstrates the remarkable extraterritorial scope of U.S. statutes criminalizing drug trafficking. Second, the indictment criminalizes (for drug law purposes) the entire Colombian civil war. In theory, if the Colombians capture a FARC leader in their civil war, they can now extradite him to the U.S. to stand trial for drug crimes, rather than charging him with human rights abuses or...06 Oct Weekend Roundup: September 29 – October 5, 2012
...possible readings of an exchange between Justice Scalia and the US Solicitor General on whether the Court should give deference to the views of the State Department. During our special Kiobel Roundtable, Curtis Bradley argued that the presumption against extraterritorial application is a better fit than the stronger presumption against extraterritoriality to limit the scope of the ATS. In his post, William Dodge also pointed out that suggestions by respondents to apply the presumption against extraterritoriality did not appear to gain traction with the justices. He also touched on the...21 Jun The Gitmo Task Force Report
...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...26 Jul If It’s Thursday, It Must Be London (Mitt Romney Edition)
Mitt Romney is holding a fundraiser this evening in London. (Here’s a nice scene-setter.) Almost quaint how he promises not to criticize Obama while abroad, in the tradition of politics stoppping at the water’s edge (as if physical location still mattered in the context of completely transnationalized media). Three quick thoughts: 1. This kind of extraterritorial campaigning is becoming routine. Lots of US citizens live abroad (estimates of as many as seven million), they can vote come November, and (way more importantly) they have a lot of money. For Romney’s...