Extraterritoriality
76 Articles
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…
Mexico v. Smith & Wesson: High-Stakes Gun Suit May Turn on Choice-of-Law Analysis
A U.S. district court will decide whether Mexico's suit against gun manufacturers is allowed to proceed.
Mexico v. Smith & Wesson: U.S. Court Duel Over Extraterritorial Legal Issues Looms with Motion to Dismiss
U.S. gun manufacturers and distributors moved to dismiss Mexico's against them, teeing up a U.S. court showdown implicating transnational legal issues.
Mexico v. Smith & Wesson: Does US Immunity for Gun Manufacturers Apply Extraterritorially?
The plaintiffs have a strong argument that a 2005 immunity law does not prohibit some of their claims.
What the US Government Brief Should Have Said in Al-Hela: On Guantanamo and Due Process
"Had the Justice Department wanted to recognize that the due process clause applies at Guantanamo, the brief would have essentially written itself."
On Functional Immunity of Foreign Officials and Crimes under International Law
Landmark judgment by Germany’s top criminal court on foreign officials' lack of immunity in war crimes trials. Analysis by renowned scholar, Professor Claus Kress.
Kunduz Airstrike Before European Court of Human Rights: Future of Jurisdiction and Duty to Investigate
The future of European Human Rights Court's jurisdiction and the future of States' duty to investigate civilian casualties in wartime.
German Court Major Judgment on Foreign Officials’ Lack of Immunity in War Crimes Trials
A leading scholar explains landmark decision by Germany's highest criminal court.
Nestlé & Cargill v. Doe Series: Judicial Activism, Corporate Exceptionalism, and the Puzzlement of Nestlé v. Doe
Congress has amended the Alien Tort Statute only three times. Yet judicial interpretation has significantly limited the statute's reach through "shadow amendments" to the text.…
Nestlé & Cargill v. Doe Series: In Oral Arguments, Justices Weigh Liability for Chocolate Companies
U.S. corporations, including Nestle and Cargill, may face massive liability under the Alien Tort Statute for aiding and abetting slavery abroad. But does the ATS support such liability?…
Nestlé & Cargill v. Doe Series: Rethinking the Alien Tort Statute
Tuesday's Supreme Court argument tackled thorny questions of extraterritoriality, customary international law, and corporate liability. But were any of these questions necessary?…
Nestlé & Cargill v. Doe Series: No Safe Harbor for Enablers of Child Slavery – Secondary Liability and the ATS
[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…