Search: extraterritorial sanctions
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...
28 Jul Drop in the Ocean? Rethinking Jurisdiction in Climate Litigation
...99) it can extend extraterritorially. The ECtHR exceptionally recognizes its extraterritorial exercise based on “effective control” over an area (as found in Ukraine v. Russia (re Crimea )) or individuals (as found in Georgia v. Russia (II)). A new form of extraterritorial jurisdiction – “procedural control” – arises when a State exercises procedural influence over individuals, for example through judicial proceedings or international arrest warrants involving the victim (Romeo Castaño v. Belgium, paras 36-43; Markovic and Others v. Italy, paras 54-56). The IACtHR expanded this understanding of extraterritorial jurisdiction, recognizing...
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...
15 Dec Baltic Backdrop: Sanctions Evasion and the Legal Limits of Maritime Enforcement
...the sea and ocean policy.] This post examines recent incidents in the Baltic Sea involving Russia’s shadow fleet, focusing on the legal and geopolitical tensions sparked by tankers evading sanctions and the law of the sea. It critically examines Estonia’s assertive maritime enforcement measures in the Gulf of Finland, situating them within the framework of the United Nations Convention on the Law of the Sea (UNCLOS) and the evolving discourse on the limits of coastal State jurisdiction. The Baltic situation illustrates broader global challenges to maritime law posed by substandard...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...
08 Oct Trump vs. International Law: Exploiting the Legal Gaps Left by the Obama Administration
...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...
03 May Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Back to the Drawing Board: Debordering Human Rights Law
...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...