International Conflicts Flashcards
Legislative Jurisdictions
- territoriality: where the offense was committed
i. Subjective- conduct occurs in the territory
ii. Objective- effects felt within a territory - National- nationality of the actor- apply laws wherever in the world you may be.
- Protective- jurisdiction based on injury to national interest
i. Narrow construction- offenses against secretary of state, integrity of gov. functions. - Universal: Jurisdiction when physical custody of D that committed offenses, impacts entire world, dangerous to world order (heinous crimes).
- Passive Personal- nationality of the victim
US v. Yunis
Jordanian plane was hijacked in Beirut; hijacked plane contained a few US citizens; one of the hijackers was found within the US and charged with violations of US laws prohibiting hostage-taking and aircraft hijacking.
Prosecuted under “Universal” and “Passive Personal”:
Universal - acts were heinous
passive principle - Americans aboard flight
Extraterritorial application is really a conflicts issue: look at the policy behind the statute to determine if it should apply abroad, and compare those policy interests with those of the laws of other countries
Morrison v. National Australia Bank
US Securities law n/a for foreign Ps suing foreign and American Ds for misconduct on foreign stock exchanges.
“longstanding principle” that legislation of Congress, unless expressly stated otherwise, only applies with the territorial jurisdiction of the US.
American Banana
Costa Rica invaded Panama. D took over P’s plantations. P brought anti-trust claim in US. Dismissed.
Must be determined wholly by the law where the act was done (almost sound like territorial approach). Concerned with interference of another sovereign.
Alcoa
Effects Doctrine
If conduct occurred outside the US that had effect in the US, then could exercise authority over that.
Aramco
Effects Doctrine
naturalized US citizen worked for American corp. in Saudi Arabia; when he was fired, he argued that Title VII applied to his work abroad.
Supreme Court held Title VII did not apply because the statute must clearly express congressional intent to apply extraterritorially in order to overcome the presumption against extraterritorial application
Antitrust and Extraterritoriality:
Hartford Insurance
Could US antitrust law apply to British reinsurers?
Antitrust laws have extraterritorial application based on case law precedent rather than a clear statement of intention to apply extraterritorially.
SCOTUS found that foreign companies acting in foreign countries could nevertheless be held liable for violations of the Sherman Anti-Trust Act if they conspired to restrain trade within the US, and succeeded in doing so.
Antitrust and Extraterritoriality:
Hoffman-La Roche
foreign citizens sued in the US under Sherman Act alleging that foreign vitamin producers took part in anticompetitive conduct that had effects in the country market of the foreign plaintiffs.
Supreme Court held Sherman Act clearly did not reach this far; there had at least be an effect in the US because adverse effects in foreign markets is within the exclusive jurisdiction of those other countries.
Royal Dutch (Nigeria)
Nigerian filed suit against corps for hiring troops in Nigeria who murdered. Alien Tort Act.
- no conduct occurred in US, only in Nigeria.
- Alien Tort Act only intended to effect torts that occurred in US.
- Ok with pirates b/c do not operate out of any specific jurisdiction.
4 scenarios - Constitutional Rights
- In US and US citizen - Constitution always applicable
- In US territory and non-citizen - Constitution applicable depending on the territory. If destined for statehood, will always apply. If not, provision-by-provision basis.
- US citizen outside of US - 5th and 6th amendment applies.
- When in US states and non-citizen - Constitution applies
When outside US and non-citizen:
US v. Verdugo (Mexico search)
defendant charged with drug smuggling and tried in the US under US drug laws; DEA worked with Mexican authorities to search defendant’s home in Mexico.
Supreme Court held the Fourth Amendment does not apply to property outside the US in these circumstances – aliens outside the US.
Fifth and Sixth Amendments apply to aliens living abroad.
5th and 6th are trial rights, 4th is not.
5th and 6th use “person” - any person
4th uses “people” - people of US
look beyond def. of “people” and look to purpose of law - whether policy has any currency beyond borders of US.
Possible conflict b/c perhaps Mexican law can apply.
Guantanamo Bay
Congress is limited by Suspension clause (case of rebellion or invasion of public safety) when exercising its power to limit the jurisdiction over writs of habeas corpus.
