Search: extraterritorial sanctions

...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....

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...

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...

...whom the duty-bearers are, how obligations are allocated to those duty-bearers, and how responsibility for violations is assigned. The Current Paradigm In human rights law, a territorial-state-centric paradigm prevails. Human rights obligations are incumbent on the state on whose territory an individual or group find themselves on. This is often captured by the notion ‘territorial jurisdiction’. The default position is that a state has human rights obligations if and when it exercises territorial jurisdiction. Very exceptionally, and almost grudgingly, exceptions to territorial jurisdiction have been accepted. Such extraterritorial jurisdiction has...

...Times, that Koh, as State Department Legal Advisor in 2010, actually advised the Obama administration to change its interpretation and to recognize the extraterritorial application of the ICCPR. He noted that the 1995 Interpretation has been questioned by the International Court of Justice, the Human Rights Committee, and some of our closest allies, many academics, human rights experts and NGO commentators. “It also stands in tension with the recognition by regional human rights bodies of extraterritorial obligations under other human rights instruments,” he wrote. Koh continued: In my view, the...

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...

...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...

...a matter of fact, has been an Israeli central mechanism to systemically dispossess and forcibly transfer Palestinians. Some countries have imposed sanctions, which comprise of asset freeze – and the provision of funds or economic resources and a travel ban on a few individuals and organisations known for their violent and extreme attacks against Palestinians. Considering the illegal status of Israeli presence in the occupied Palestinian territory (oPt), illegal settlements, outposts and settlers, this phenomenon raises many legal questions and concerns. This post provides a brief legal assessment – within...

The UN Security Council passed Resolution 1672 yesterday, imposing sanctions yesterday on four Sudanese considered responsible for the the atrocities in Darfur. The Resolution passed 12-0, with China, Russia and Qatar abstaining on the ground that sanctions would disrupt the reconciliation process. The sanctioned individuals are Major General Gaffar Mohamed Elhassan, commander of the Western Military Region for the Sudanese Armed Forces; Sheik Musa Hilal, paramount chief of the Jalul Tribe in North Darfur; Adam Yacub Shant, a commander in the Sudanese Liberation Army , and Gabril Abdul Kareem Badri,...

...Fietta. This seminar will be chaired by Mr Peter Flint, Consultant at Volterra Fietta. February 3 Panel event: The Folly of US Sanctions against the ICC: Since the inception of the International Criminal Court (ICC) in 1998, the United States has had both hostile and cooperative relations with the ICC. The outgoing U.S. administration took hostility to a new level, imposing legal sanctions on the Court’s high-level officials in the same way the government imposes civil and criminal sanctions against those who provide material support to terrorists. This panel will...

Last week, 45 Fijian peacekeepers deployed as part of a 1,200-member U.N. force monitoring a buffer zone between Syria and Israel were captured and are being held by Nusra Front rebels. (Hat tip to Theodore Christakis here at the ESIL conference in Vienna for raising the issue yesterday in the ESIL / SHARES Peace and Security Interest Group Seminar.) Rebels have made three demands for their release, according to a WSJ article published yesterday: 1. They want to be dropped from the list of al Qaeda-linked groups under U.N. sanctions;...

...bearer, the application of the remedy can extend to the offender’s family members and, in some cases, to the entire community. In other words, derecho propio is capable of imputing diseases not simply to individual choices, but also to the reasons behind those choices.  Sanctions, on the other hand, are more ‘materially-oriented’, seeking Yu”Cenxi—a term that encompasses ‘correction’, resocialisation, the prevention of similar conducts, isolation, reparation, and harmonisation. A broad and evolving notion, sanctions retain a more individualised character and include diverse responses: corporal punishment (such as whippings and stocks),...