Extraterritoriality

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black and white image of the sworn statement of witnesses verifying the departure statement of Wong Kim Ark

Jurisdiction, Territorial Sovereignty, and the Fourteenth Amendment

A long line of authority holds that persons or things within a country’s territorial borders are subject to its jurisdiction.
Historical map featuring Greenland

More Territory, More Problems: Can Trump Seize Greenland?

An essay on the lessons for the Trump administration of territorial acquisition from the McKinley era and the dangers it would pose today.
A courtyard in the Abu Ghrab is shown with prisoner cells on the sides. The photo is taken from behind a gate.

Abu Ghraib Torture Survivors’ Landmark Win Gives Hope for Alien Tort Statute Cases

The Al Shirmari verdict may help other plaintiffs chart a path to navigate the Supreme Court’s constraints on Alien Tort Statute cases.
Biometric eye scan and network

Changes to UK Surveillance Regime May Violate International Law

Proposed changes to UK domestic surveillance laws raise significant human rights concerns.
Aerial view of flooded residential district

Prosecuting Ecocide: The Norms-Adoption/Enforcement Paradox

Might the prospects of meaningful norms enforcement of ecocide at the International Criminal Court level be disproportionate to the investments needed – and challenges associated…
The full moon in twillight is pictured over The Cour de Cassation of Paris

2nd Time’s the Charm: France’s Cour de Cassation Broadens Universal Jurisdiction Law

"With its liberal interpretation of French law, the Cour de cassation narrowly saved the doctrine of universal jurisdiction in France, particularly for crimes in Syria."
Woman walking on New York City sidewalk

Transnational Repression Increasingly Reaches Into the United States

In countering transnational repression, "[c]ivil litigation provides a pathway for holding ... authoritarian regimes directly accountable, not just their hired guns, if significant…
Stone wall with the flag of Mexico and Bullet holes

Mexico Appeals in Case Against Gun Manufacturers

"Mexico’s litigation is part of wider efforts to hold irresponsible members of the U.S. gun industry accountable for transborder damage caused with their products on its territory."
A teenage child looks at a screen of age-restricted content on a laptop.

Mind the Gap: The UK is About to Set Problematic Precedents on Content Regulation

Potentially positive elements of the UK's Online Safety Bill "are overshadowed and at risk of being negated by some of the more politically-motivated, hyperbolic aspects. The House…
A woman walks past a damaged building in Lyman, Donetsk region.

Why We Need the Alien Tort Statute Clarification Act Now

"The ATSCA, while not a panacea, would revive one important tool for protecting human rights. It deserves the attention of the Senate Judiciary Committee now."
People collect cocoa beans at a cocoa exporter's in Abidjan, on July 3, 2019.

Answering the Supreme Court’s Call for Guidance on the Alien Tort Statute

Proposed Alien Tort Statute Clarification Act would clarify Congress's intent on extraterritorial jurisdiction over violations of laws of nations.
A photo taken on May 23, 2021 shows a Boeing 737-8AS Ryanair passenger plane (flight FR4978, SP-RSM) from Athens, Greece, that was intercepted and diverted to Minsk on the same day by Belarus authorities, landing at Vilnius International Airport, its initial destination. - European Union leaders will discuss toughening their sanctions regime against Belarus on May 24 at their planned summit, after Minsk diverted the Ryanair passenger flight flying from Athens to Vilnius and arrested Belarusian opposition activist Roman Protasevich

Foreign Policy and Legal Implications of the Belarus Aircraft Piracy Indictment

What SDNY's speaking indictment of Belarusan officials with conspiracy to commit aircraft piracy for allegedly engineering the diversion of a Ryanair flight in order to arrest…
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