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Search: extraterritorial sanctions

21 May

...cyberespionage by its military (based on the argument that such activity is not commercial in nature), then denying conduct-based immunity to Chinese officials for the same acts would reinforce the disjunction between foreign state immunity and foreign official immunity in U.S. courts. At a broader level, the announcement of indictments against named Chinese officials reinforces a trend towards focusing pressure on individuals associated with undesirable state policies, whether through immigration enforcement or targeted sanctions. The full implications of this trend for international law and international relations remain to be seen....
21.05.14 | |

07 Mar

...carefully choreographed mantra on three points: first, recognition of the pro-Russian separatist regions of Donetsk and Luhansk is unacceptable and involves a grave violation of international law; second, if Russia invades Ukraine it will have to face severe sanctions; and third, leaving aside the delivery of weapons and other support, NATO and western States will not participate militarily in a Russian-Ukrainian conflict. A number of legal and political issues arise with respect to these positions, and this contribution will zoom in on the last issue. Since the start of the...
07.03.22 | |

06 Oct

...redress and compensation for victims of international wrongs. The keynote address will be given by Professor Philip Alston on The Strengths and Weaknesses of External Accountability. The program will end with a book launch of the Research Handbook on UN Sanctions and International Law, edited by Professor Larissa van den Herik. We would welcome participants interested in the subject. After the event, a group will go to the opening panel of ILW at the NYC Bar Association. For the complete program, and to RSVP please see the webpage here.  ...
06.10.17 | |

03 Apr

[Faraz Shahlaei is an Adjunct Professor/J.S.D. Candidate at Loyola Law School, Los Angeles and one of the authors of this communication] Photo credit: Mufid Majnun Introduction In 2016, two reports of the Independent Person appointed by the World Anti-Doping Agency (WADA) to investigate allegations of State-sponsored doping of Russian athletes during the 2014 Sochi Winter Olympic Games (first report, second report) revealed that Russia had been running for years a sophisticated covert doping program. As a result, the International Olympic Committee (IOC) and WADA imposed sanctions on dozens of athletes...
03.04.21 | |

15 Feb

...to it in its battle against Japanese whaling in the Southern Ocean. The case raises interesting questions about the jurisdiction of US Courts over the activities of a vessel, flying the Australian flag but owned by a US incorporated society, in the Southern Ocean. At the SHARES blog, a new post outlines shared responsibility in UN targeted sanctions. Rosa Brooks shares some of her thoughts at Foreign Policy on sovereignty and imminence in Obama’s drone war. ASIL has a new Insight on China’s Straight Baseline Claim: Senkaku (Diaoyu) Islands (.pdf)....
15.02.13 | |

08 Dec

...no lack of ability or willingness to prosecute but there has been a conscious inclusive democratic decision to prioritize other forms of accountability than full or conventional criminal sanctions. Overall, my stance is that human rights tribunals need to develop techniques of adjudication that permit a constructive dialogue with domestic political and legal institutions and practices of transitional justice, a dialogue sensitive to context and the considerations that affect the relative legitimacy of transnational tribunals and domestic political and legal actors in addressing questions of justice related to political conflict....
08.12.15 | |

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 | |

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 | |