In association with the International Commission of Jurists

Search: extraterritorial sanctions

04 Jun

...has caused long lasting environmental damages. Peoples’ tribunals have been very active in the field of corporate responsibility for environmental damage. Triggered and set up by the victims’ organizations, some of these tribunals have contributed to the legal debate on violations not yet recognized by international law or insufficiently explored by international courts. As a result, the Monsanto Tribunal analyzed the new legal concept of the crime of ecocide by the company Monsanto. According to the Monsanto “jury”, the increase in criminal sanctions in trials relating to environmental damage before...
04.06.20 | |

18 Apr

...the plaintiffs to re-file their complaints against the US defendants to overcome the new Kiobel extraterritoriality presumption. This means that she is willing to explore in greater detail the Kiobel requirement that plaintiffs’ claims “touch and concern” the territory of the U.S. with sufficient force to displace the presumption against extraterritoriality. Will knowledge by the US parent of the subsidiaries’ activities in South Africa be enough? Will receiving profits from the subsidiaries be enough? I assume that is the best the plaintiffs will be able to plead is knowledge by...
18.04.14 | |

13 Apr

...the British Right, and particularly on the more 'conservative' newspapers - and, of course, on the yellow press of whatever persuasion. The Conservatives have even vowed to repeal the Human Rights Act if elected. Not that they seem to have the faintest idea what the Act does, mind you... da23will There's certainly a strong policy argument against extending the extraterritorial application of HR treaties too far if it means that states are going to refrain from arresting pirates on the high seas, for fear that they'll be unable to return...
13.04.08 | |

05 Apr

...believe international law does not constrain covert operations, at least from the perspective of U.S. domestic law. First, we must remember that Title 50 operations may be authorized as an integral part of an armed conflict or in the absence of one. Thus, IHL may or may not be triggered and apply to a covert operation or program, and IHRL would apply only to the extent one accepts (contrary to long held official U.S. views) that IHRL applies to a nation's extraterritorial actions. Regardless of whether either body of international...
05.04.13 | |

25 May

...(if, in my view, unfortunate) position that ICCPR doesn’t apply extraterritorially (which the report acknowledges), this seems a bit of a tough legal case to make. Beyond the trial situation (to which it seems CA3 would surely apply), as long as we’re choosing between legal regimes the United States officially rejects, why not pick APII, or API by analogy, as the more useful standard? Truly asking here. Finally (for now, I’m still catching up), former State Department Legal Adviser John Bellinger and his former State Department colleague (and soon-to-be Vanderbilt...
25.05.11 | |

20 Apr

...section 1605A has an extraterritorial scope; it is not limited to claims related to acts of terrorism within the United States. Even before the terrorism exception was first adopted in 1996, a US federal court had interpreted a different section of FSIA (section 1605(a)(5)) to find that Chile was not entitled to immunity in connection with a political assassination – an act of terrorism – on US territory (Letelier v. Republic of Chile, 488 F. Supp. 665 (D.D.C. 1980)). The key difference between the existing regime and the proposed amendment...
20.04.16 | |

13 Jun

Francisco F. Martin I haven't read the Boumediene decision or the Halliday and White article (and, therefore, do not know if they mentioned any admiralty cases), but aliens captured extraterritorially (whether on the high seas or in foreign territory) were and are entitled to habeas relief by federal courts sitting in admiralty by virtue of the savings to suitors clause of the 28 U.S.C. sec. 1333 (first enacted in the Judiciary Act of 1789). I do know that some of the Gitmo detainees were transported by ship and/or captured by...
13.06.08 | |

05 Dec

...three part functional test for the extraterritorial availability of the Great Writ: "at least three factors are relevant in determining the reach of the Suspension Clause: (1) the citizenship and status of the detainee and the adequacy of the process through which that status determination was made; (2) the nature of the sites where apprehension and then detention took place; and (3) the practical obstacles inherent in resolving the prisoner’s entitlement to the writ." The Court has not emphasized citizenship too heavily in its decisions regading the general availability of...
05.12.12 | |

30 Mar

...offences’ are defined as inter alia extraterritorial offences “which [constitute] an offence under the law of another state [presumably the territorial state] and which would have constituted [terrorism] … had that activity taken place in the Republic”. To my mind, at least, that conditions SA’s UJ in Okah to offences that were also offences under the law of Nigeria (loosely ‘double criminality’). There is another contender for UJ however (section 15(2)), which states in relevant part that any act [NOTE: not ‘specified offence’] committed outside the Republic shall, regardless of...
30.03.14 | |

05 Nov

...to situations affected or potentially affected by the ICJ decision. It is further worth observing that the Constitutional Court while reaching the conclusion that article 2 and 24 of the Constitution prevail over the rule of international law granting sovereign States immunity for acta jure imperii, made it clear that its reasoning was referred to war crimes and crimes committed on Italian soil (Paras 4.1 and 5 of the decision). This said, what relevance can we expect the decision of the Italian Constitutional Court will have for extraterritorial claims? What...
05.11.14 | |

18 Oct

Jordan The Justices better be careful what they state about the 5th Amend.! Jurisdiction over criminal accused has been extraterritorial and based in customary international law, especially with respect to universal jurisdiction and protective jurisdiciton, e.g., seizure of persons on foreign flag vessels accused of international drug trafficking even where there is no proof that they intended to import into the U.S., Mr. al-Libi, etc. Several lower courts have used international law regarding jurisdicvtion to inform the meaning of what process is "due" under the 5th Amend. -- and the...
18.10.13 | |

13 Jun

...does not reflect international law despite the assertion that it does], which expressly does not apply to section 404, etc., etc. -- and Moxon and Bolchos had extraterritorial aspects that the majority opinion ignores -- such as the fact that foreign flag vessesls are the equivalent of foreign territory wherever the happen to end up and the fact that a violation of international law can take place elsewhere in some cases but the vessel ends up in a U.S. port). Despite the shocking 9-0 ultimate vote, errors must be addressed...
13.06.13 | |