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Search: extraterritorial sanctions

08 Jun

...by the ICC. Ivory Coast’s former President Laurent Gbagbo seeks a delay of his trial at the ICC, claiming he is too ill. ECOWAS has urged the UN Security Council for a Chapter VII resolution authorizing intervention in Mali if talks with rebel groups fail. Jurist has a piece about Charles Taylor, Arms Dealers and Reparations. UN monitors in Syria were shot at while trying to investigate a massacre site, and Kofi Annan has said that an “all-out civil war” is imminent. Australia will lift the remaining sanctions on Myanmar...
08.06.12 | |

03 Feb

...that ECOWAS States have surprisingly refrained from applying sanctions against the ECCJ but have instead acted to increase its independence. Weingast and Moran suggest that where control by a principal is effective, overt sanctioning is rare as the agent rationally anticipates the preferences of the principal and incorporates those preferences into their behaviour. The question then is whether the act of ignoring certain decisions of the ECOWAS Court is not a tool by which ECOWAS States control the ECCJ by forcing it to self-censor in appropriate cases such that no...
03.02.14 | |

23 May

...by the fact that opposition forces are implicated in the commission of atrocities as well, or that the Security Council needs to decide who (which side) should be prosecuted in advance of referring a situation to the court. What this conflict does indicate however, is the deepening entanglement between international courts and the Council, a theme which runs broadly through the Council’s peace and security work, and through its sanctions practice as well. This entanglement can be addressed in a few ways. The First, is greater clarity and better mechanisms...
23.05.14 | |

05 Jan

...it seems to me, is prevent the plaintiffs from trying to enforce the judgment in the U.S. -- and to hold them in contempt if they do. Am I missing something? Ted Folkman Kevin, If I hear you right, the issue is the extraterritorial nature of the order. It seems to me that it's well established that because "equity operates in personam", as the hoary maxim goes, a court with personal jurisdiction over the defendant can make orders that require the defendant to act in other jurisdictions. Just to take...
05.01.12 | |

11 Apr

...which they have no expertise. Jordan "With friends like these...." Fortunately, the early cases and ops. of AG's demonstrate the extraterritorial reach of the ATCA (ATS) in suits involving alien plaintiffs against alien or U.S. national defendants with respect to violations of international law over which there is universal jurisdiction, esp. so that the U.S. does not engage in a "denial of justice" to aliens. Also, today, more jobs for our graduates as plaintiff and defense lawyers, judges, etc. -- good for the U.S. economy! If other countries want to...
11.04.13 | |

13 Apr

...doesn't end up in the dock, and even if the Vatican doesn't cancel the visit, I am optimistic that we shall raise public consciousness to the point where the British government will find it very awkward indeed to go ahead with the Pope's visit, let alone pay for it. Richard" David Note that Pope Gregory XIII claimed extraterritorial jurisdiction over England in declaring Queen Elizabeth I to be a usurper and sending various armies and assassins to kill her. Turnabout? Nick Donovan I think this is a media story, nothing...
13.04.10 | |

04 Jun

...the mandate of the Human Rights Council, which raises a whole other set of legitimacy issues) does not have the mandate to report on issues related to the conduct of hostilities that rise to the level of armed conflict under the laws of war. The implied, underlying US position actually consists of at least two things: one, that the human rights law to which the special rapporteur’s mandate extends, the ICCPR, does not extend extraterritorially at least as far as the US is concerned and, two, that these human rights...
04.06.09 | |

29 Apr

...to be something different. Although perhaps not what Koh's critics have it mind, I would view transnational law as where the lines between the domestic and the international blur. Transnational law seems focused on the actions of domestic, nonstate actors and their attempts to address global challenges. When I think of transnational law, I do not think of international treaties or even customary international law, but rather the acts of domestic actors and domestic courts, exercising universal jurisdiction or applying extraterritorial domestic laws, in an attempt to exert international influence....
29.04.09 | |

28 Feb

...that recognize human rights duties of private corporations. See foreign cases in http://ssrn.com/abstract=1548112 And the jurisdictional basis is universal jurisdiction. see. e.g., http://ssrn.com/abstract=1497122 re: older cases under ATCA (ATS) and universal jurisdiction (in a footnote). Of course, even under the Restatement, when there is universal jurisdiction there is no need for contacts with the forum. Id. sec. 404. And the putative use of comity-factors to obviate territorial jurisdiction (in violation of the separation of powers because Congress and the President will have chosen to create an extraterritorial statute and the...
28.02.12 | |

29 Nov

...folk hero. While some question the legality of his actions, others, both internationally and domestically, have heralded his actions as bringing about exactly the sort of transparency that is needed in American government. Regardless of one's view on the matter, criminal charges would certainly be extremely controversial both at home and abroad. Gautam Is the Espionage Act valid extra-territorially? Or will the exercise of jurisdiction rest upon a principle such as the effects doctrine? Max My understanding is that while § 793 has some extraterritorial application (see the useful CRS...
29.11.10 | |

17 Oct

Bo Rutledge Further to Roger's excellent post, readers should recall that the SG has filed on these sorts of issues before. When the South Africa cases first went up on cert, the SG took the unusual step of filing an unsolicited amicus brief in support of cert [Disclosure - I represented and continue to represent an amicus in that case]. The guts of that brief argued that the ATS did not authorize extraterritorial assertions of jurisdiction on the basis of aid/abet liability. I have always admired the principled nature in...
17.10.11 | |

13 Mar

...this has nothing to do with civil law and common law - if you do not charge your English cousins to have become civil lawyers. Certainly, I also regard Afghanistan/Pakistan as an armed conflict, albeit of a non-international character. Consequently, they are a matter of criminal law, including its extraterritorial application, subject to the strictures of common article 3 of the Geneva Conventions and the customary law of Article 75 Additional Protocol I. Other terrorist acts have been simply that - heinous and cowardly crimes, some of them of an...
13.03.09 | |