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Search: extraterritorial sanctions

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 | |

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 | |

18 Oct

...to their disadvantage. Such is the nature of asymmetric warfare. Defining away such conflict away based on rigid adherence to formal organizational criteria will not therefore result in the extraterritorial observance of human rights law by major military powers. Rather states will continue to respond to threats in lawless regions such as FATA and the Yemeni hinterland with military means, but will do so unchecked by any law. The real choice is not between CA3 and the ICCPR, but between CA3 and no law. Kevin Jon Heller Moreover, the notion...
18.10.10 | |

27 Mar

...origins of U.S. thought on the applicability of human rights in armed conflict. Apart from the historical U.S. view, my suspicion is that a true empirical (both qualitative and quantitative) analysis of state practice in armed conflict would yield scant data supporting the extraterritorial applicability of most human rights law (meaning other than crimes against humanity) or its broad applicability in even internal armed conflict. If that is historically true or at least debatable, then in my humble opinion the burden is not on the Obama administration to demonstrate the...
27.03.10 | |

09 Jul

...defendant, which in the context of the original ATS is clearly a matter of domestic common law. Instead, it is an utter lack of fidelity to first legal principles in the extraterritorial application of the ATS and the related domestic common law implementing it to foreign defendants. I had begun an article on the topic long ago but have so many other "duties as assigned" that it sits idly in a "maybe-sometime-in-the-future" draft article folder. Bemused Rob: For those of us who are non-US readers, it would be helpful to...
09.07.11 | |

14 Dec

...documents within the United States) and therefore that part is easy. But it is also well-recognized that in limited circumstances countries can prosecute foreigners for conduct that occurs abroad (such as foreign drug cartels, foreign anti-competitive monopolies, international terrorists, etc.). The International Bar Association (on page 142 of this report) has summarized the current state of international law on this subject: "[A]lmost all states exercise ‘pure’ extraterritorial criminal jurisdiction on one or more of four principal bases: the active personality principle, the passive personality principle, the protective principle and the...
14.12.10 | |

14 Apr

...circumstances even though the civilian was not a combatant and therefore was not subject to the laws of war. A pirate is captured. He is a civilian (or at least not recognized as a soldier) and is subject to military trial under international law though not necessarily the laws of war. A civilian provides material support to a terrorist organization. In the statute, the US asserts extraterritorial jurisdiction over this crime and will try the criminal if he subsequently comes within the jurisdiction of a US court. If he remains...
14.04.07 | |

12 Aug

...South Ossetia), as well as on the extraterritorial applicability of the CERD. There's also that 2007 interstate application of Georgia against Russia before the Eur Court of Human Rights. More could happen on that front as well. Dragutin Nenezic http://www.kommersant.com/p-13069/South_Ossetia/ (August 10) Vladimir Lukin, Russian Human Rights Ombudsman, has called for the creation of an international tribunal on South Ossetia, RIA Novosti reports. Those responsible for the mass murder in the conflict zone have to be put on trial, Lukin said. The number of the dead in South Ossetia reaches...
12.08.08 | |

06 Aug

Francisco F. Martin Although I agree with Prof. Alford that "more defendants will invoke presumptions against extraterritoriality and/or an implied U.S. nexus requirement in future human rights and terrorism litigation" in ATS cases, I don't think that they should be successful for a couple of reasons. First, the ATS in human rights cases should be construed in conformity with the international human rights law that recognizes the extraterritorial application of human rights norms (whether under the strict interpretation of Bankovic v. Belgium or the liberal interpretation of, e.g., Coard v....
06.08.07 | |

13 Mar

...states, and between a state, or the citizens thereof, and foreign states, citizens or subjects." Const. Art. III § 2. Nom Err, Ben. I understand you speak in jest, but citizenship is an idependent basis for extraterritorial jurisdiction, so your citizenship makes clear you can be reached by US law even when overseas. The question is whether it applies to non-citizens when they are not within US territory. See US v. Verdugo-Urquidez, 494 U.S. 259 (1990)(Fourth Amendment does not apply to US agents breaking into a Mexican's home in Mexico)....
13.03.08 | |