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Search: extraterritorial sanctions

08 May

...truth commissions, legislative reparations, and (what will no doubt be the most controversial aspect of the book) collective civil sanctions. Mark knows that I do not agree with everything in the book. That said, Atrocity, Punishment, and International Law is a must-read for all international law scholars and practitioners. International criminal tribunals have reproduced almost virally over the past two decades, from the ICTY to the ICC to the various hybrid courts. It is thus critical to question, as Mark does, whether those institutions are capable of fulfilling their central...
08.05.07 | |

21 Jan

...a foreign relations matter, the proposed legislation also raises the significant practical issue of pragmatic transnational norm advocacy. What is the most effective response for those in the West who wish to defeat this bill? Is it threats of economic sanctions, démarches from European diplomats, or pastoral letters from one (famous) clergyman to another? Is the best recipe for success a mix of carrots and sticks, or a soft appeal to reason and conscience? I for one have little doubt that on an issue like this someone like Rick Warren...
21.01.10 | |

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 | |

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 | |

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 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 | |

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 | |

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 | |

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 | |

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 | |

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 | |

17 Mar

...yet consider the rise of universal jurisdiction over recent years all over the world, which includes African countries such as Senegal exercising universal jurisdiciton over Hissene Habre, former dictator of Chad (There is video footage of a mission of the International Federation for HUman Rights to Chad on FIDH's website, but I cannot post the link..) It also includes the US adopting relevant legislation (see Opinio Juris posts), Canada, Chile and numerous European countries (see REDRESS/ FIDH, Fostering a European Approach to Extraterritorial Jurisdiction, 2004, Fostering a European Approach to...
17.03.08 | |