Search: extraterritorial sanctions
03 Apr COVID-19 Symposium: The Use of Criminal Sanctions in COVID-19 Responses – Exposure and Transmission, Part I
[Nina Sun is the Deputy Director and Global Health and Human Rights & Assistant Clinical Professor at the Dornsife School of Public Health, Drexel University and Livio Zilli is a Senior Legal Adviser & UN Representative at the International Commission of Jurists.] This piece is split into two parts – the first focuses on criminalization of COVID-19 exposure and transmission, and the second on criminal sanctions for the enforcement of public health measures. On 11 March, the World Health Organization (WHO) officially recognized COVID-19 as a pandemic. COVID-19 is a...
19 Apr Symposium on the ‘Legacy’ of the USA Sanctions against International Criminal Court Prosecutor Ms Fatou Bensouda and Mr Phakiso Mochochoko
...legacy of the sanctions against Bensouda and Mochochoko. They explore the intricacies of national, regional and global power while at the same time reflecting on the future of the ICC and the international criminal justice field more broadly. The posts engage with various themes including: the discriminatory nature of the sanctions and what this means for ‘less-powerful’ states and their nationals; the USA’s relationship with the ICC; the potential effect on the ICC’s investigations in Afghanistan and Palestine; and the international criminal justice narratives and metaphors brought to the fore...02 Dec Milanovic on Extraterritorial Application of Human Rights Treaties: Judicial Interpretation and the Future of IHR Regulation
the doctrinal in these debates. The central question Marko seeks to address is the scope of application of specific treaty obligations undertaken by states to observe human rights – and whether and how those obligations are triggered when a state engages in extraterritorial political, law enforcement, military or intelligence operations. Globalization has expanded the availability of extraterritorial acts from beyond the traditional notion of sovereigns acting through territories, colonies or militarily occupied areas, to include myriad cross-border law enforcement and regulatory cooperation arrangements of states of varying sizes and power....24 Jan Does the Presumption against Extraterritoriality Apply to the ATS or the Underlying Federal Common Law Claims?
jurisdictional statute suddenly applied extraterritorially by congressional mandate, would the underlying federal common law claims be cognizable for extraterritorial conduct and injury? If the answer to that question is yes, then does it also follow that the only extraterritorial limitation that Kiobel recognized was with respect to the statute, not the underlying federal common law claims? Reading Kiobel in light of Sosa presents the following possible syllogism: if (1) there is a limited category of federal common law claims actionable for violations of the law of nations; and (2) the...
21 Feb Holding Egypt Accountable for the Death of Moustafa Kassem Under International Law
...Though nothing will bring Kassem back, Egypt could issue an apology and offer compensation to Kassem’s family. Moreover, given the possibility of repetition, Egypt should provide verification that it will stop mistreating prisoners like Kassem. If the US did demand a remedy and Egypt refused, the US could decide to go before the UN Security Council and seek sanctions. Alternatively, the US could enact unilateral sanctions. The US has imposed sanctions unilaterally against Russia in response to Russia’s attempted assassination of a former Russian spy and his daughter. Given that...08 Jun Lessons from the Great White North: Canada’s Supreme Court Limits Extraterritorial Application of its Charter
...in relation to the extraterritorial apprehension of a Canadian citizen in the United States which led to his incarceration and torture in Syria. The work of Canadian security personnel other than the RCMP may give rise to other issues, some of which may relate to the extraterritorial treatment of Canadian citizens. I mention these matters simply to illustrate the sort of issues that may eventually wind up before us and on which we can expect to hear extensive and scholarly argument in relation to the extraterritorial application of the Charter....17 Apr SCOTUS Votes 9-0 that Corporations Cannot Be Sued Under ATS for Extraterritorial Acts Without U.S. Interest At Stake
Chris Whytock Based on my first reading of the opinions, I agree with Julian that the door remains open for extraterritorial ATS claims against U.S. corporations. Thinking out loud: By carefully noting that “mere corporate presence” does not suffice for an ATS claim to go forward, Part IV of the majority’s opinion implies that something more than “mere corporate presence” might suffice. This implication is reinforced by Justice Kennedy’s one-paragraph concurrence, which serves primarily to emphasize that other ATS cases involving the presumption against extraterritoriality may arise that are not...23 Sep Lower Courts Narrowly Interpret Kiobel
...Supreme Court has implicitly overruled his decision on corporate liability," because that's what the Court should be considered to have done in Kiobel. Just as Judge Cabranes couldn't reach the extraterritoriality issue in Balintulo if he was right about corporate liability, the Supreme Court couldn't have reached the extraterritoriality issue in Kiobel if Judge Cabranes was right on corporate liability. Cabranes can't have it both ways; he either needs to acknowledge that his earlier decision is no longer good law, or that the court has no jurisdiction to address other...16 Oct Reciprocal Unilateralism
has extraterritorial impacts. However, in Imperial Tobacco the legislation was not itself aimed at companies outside of Canada, but rather sought recourse from tobacco companies regardless of their presence in or out of the jurisdiction. Thus, in that case, the court found that the “pith and substance” of the legislation was not extraterritorial. Had the court found otherwise, the constitutional challenge would have been successful. If a statutory approach is taken towards seeking damages related to pollution, a purely extraterritorial approach would present a significant challenge. The alternative is to...
02 Mar Not All that Glitters Is Gold: the Human Rights Committee’s Test for the Extraterritorial Application of the ICCPR in the Context of Search and Rescue Operations
whether the ICCPR applied to the events of 11 October. It is this question that I discuss here. The test for the extraterritorial application of the ICCPR There is an established jurisprudence that human rights treaties apply extraterritorially. Typically, this occurs when a State exercises jurisdiction abroad through effective control over territory, or exercises power and authority over an individual (General Comment, No 31 § 10). In the traditional sense, this involved occupation of territory (“spatial model”) or exercise of physical authority over persons (“personal model”); however, human rights bodies...