Search: extraterritorial sanctions

13 Jun Boumediene and the Use of History; Boumediene & Munaf

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...

04 Jan US Tax Overreach: Enforcing Against Expats

...And in response to Benjamin G. Davis, who seems to think that somehow US extraterritorial taxation is fair because of the exclusions: frankly, you have no idea what you are talking about. The problem is that most people in the rest of the world pay a lot of VAT/or GST/HST--the United States doesn't have a national sales tax. Most of Europe and Canada does. Furthermore the earned income exclusion doesn't count against investment income--including many registered accounts in Canada (RESP, RDSP, TFSA). Finally, you cannot count taxes paid under the...

19 Oct Spanish Warrants Issued for U.S. Soldiers

...have died in Iraq. We are witnessing a yearning for the domestication of war.'Here we agree! It’s a bad trend. Let’s all together try to establish a just, stable, impartial and efficient international criminal justice system, so that individual states don’t have to create their own extraterritorial prosecution rules. Wait a minute, maybe we just agree on what’s the statu quo, not on how to solve its deficiencies.'For its part, it appears that United States refused to cooperate in the Spanish investigation. Had it done so and been able to...

17 Mar South Africa’s Conditional Universal Jurisdiction — and Its Potential Effect on Zimbabwe

...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...

13 Mar Canada’s Charter of Rights and Freedoms Does Not Follow the Flag

...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)....

06 Aug Terrorism Claims Require a U.S. Nexus

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....