36) By advocating for the extraterritorial
enforcement of a law, the executive is effectively offering its opinion on the answer to this question.
42) In that period, there had been no considered appellate decision on the extraterritorial
application of the statute--despite the vast scholarship on the ATS subject.
regulation, once an esoteric topic, is now a basic fact of the international business environment.
However, no court agreed with the United States that extraterritorial
secondary liability cases should be foreclosed altogether.
Enforcing the Act within its extraterritorial
reach could have serious implications on international business transactions and operations.
23) First, Congress is not presumed to intend extraterritorial
application that would violate principles of international law.
application in order to protect securities on
The group claims the unilateral extension of the scheme beyond Europe "is contrary to international law" both as an extraterritorial
action and an improper tax or charge.
7) This statute, also known as the Extraterritorial
Torture Statute ("ETS"), was designed to codify and implement the nation's responsibilities as a party to the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment ("CAT").
the unilateral, extraterritorial
, and overly broad approach of these bills would undercut rather than advance this critical objective," the letter from nine U.
Borders play a prominent role in forced migration today; definitions of categories of forced migrants, such as refugees and internally displaced people, policies of interdiction and extraterritorial
processing, and metaphors of "fortresses" and free-movement, all rely upon the notion of a border.
Johnson also coordinated the investigation and prosecution referral to the Department of Justice of the first ever Military Extraterritorial
Jurisdiction Act case out of Afghanistan involving a civilian contractor accused of shooting to death a local Afghan national.