Search: extraterritorial sanctions
28 Jul The Oslo Accords and the International Criminal Court’s Jurisdiction in the Situation in the State of Palestine
...persons, or the interests of persons in things.” (O’Keefee, p. 735) The second is the jurisdiction to enforce, which regulates the State’s power to “enforce or compel compliance or to punish noncompliance with its laws or regulations.” (Houck, p.1367) The latter is typically territorial, whilst the former can be extraterritorial. (Stahn, p. 450) In relation to the delegation of a State of its jurisdiction to the ICC, it is important to distinguish ‘sovereignty’ from the ‘exercise of ‘sovereign rights’’. Unequivocally, “a State may continue to be sovereign even though important...17 Jun More on Eisenstrager
...of hostile acts” as the intention of each of these individuals “because they are a duty to his sovereign.” Precisely because that is not what the United States is doing here, the Eisenstrager rationale cannot be imported wholesale to resolve the Boumediene dilemma. Whatever the merits or failings of the ascriptive allegiance approach in Eisenstrager, it does not transform the Guantanamo detainees into enemy aliens. And, even if it remains binding precedent, it does not dictate that alien detainees can never seek review of their extraterritorial detention in federal court....
30 Mar COVID-19 Symposium: Returning “Home”–Nationalist International Law in the Time of the Coronavirus
...as if it were a duty owed to nationals abroad, a new form of extraterritorial public service that may even flow from human rights. That surfeit of protection for the select few, of course, coincides in some countries with a further undermining of protections for foreigners, particularly unlawful immigrants. What will be the consequences of these evolutions, especially if they become even more entrenched in months to come? Globalization was always a half-truth or a half-lie depending on one’s perspective, a phenomenon as much symbolizing the freedom of movement for...
12 Feb Legal Uncertainty Regarding the Applicability of the ECHR in International Armed Conflict in the Active Phase of the Hostilities
...conflict—at least for now. No Responsibility of Russia during the Phase of Active Hostilities The Court found Russia responsible for human rights abuses (Articles 2, 3, 5, 8; Article 1 P1 and Article 2 P4) only in the immediate aftermath of the conflict, but not during the phase of active hostilities. In this regard, the argumentation of the Court and the dissenting opinions reveal that it was not easy for the Court to legally resolve the issue related to the extraterritorial applicability of the ECHR in the active phase of...28 May A Question for Ken
...Pakistan, and it violates the right to life of the person killed. It is the wrongfulness of the former only that can be precluded by an invocation of self-defense, just like Pakistan’s (or Yemen’s, or whoever’s) consent would preclude it. But, assuming the (extraterritorial) application of human rights treaties to a given situation, I don’t see how self-defense could be used to preclude the wrongfulness of an act contrary to the individual rights enshrined in such treaties. It is indisputable, for example, that self-defense as a matter of the jus...25 Jun International Securities Fraud Makes Supreme Court Debut
...highly critical opinion began by observing that the Second Circuit had made a forty-year-long blunder in characterizing Rule 10b-5’s extraterritorial reach as jurisdictional, when in fact it pertained to the merits. (The parties did not dispute the merits characterization, but they had not briefed it.) A remand was nonetheless inappropriate, Justice Scalia explained, because this “threshold error” had not been integral to the reasoning of the courts below. Justice Scalia went on to excoriate the Second Circuit for constructing a jurisprudence that ignored the presumption against extraterritoriality. In addition, he...