Suchergebnisse

This is the text of a lecture, presented by Professor Yoram Dinstein at Tilburg University, outlining some key aspects of international humanitarian law as regards the principle of distinction; the principle of proportionality; direct participation in hostilities; drones; human shields; and private military contractors.

Based on an in-depth, qualitative case study about a conflict between governmental authorities from the United States and Switzerland over the regulation of Swiss banks, we introduce indirect compellence as a novel triadic and indirect mechanism through which coercion leads to institutional change. Hostage-taking being a prototypical example, indirect compellence is typified by a coercive actor who takes a third party hostage to gain influence over a targeted actor. In our case, it meant that U.S. authorities (coercers) compelled Swiss policy makers (targets) to erode the famed Swiss banking secrecy rules by threatening the targets to otherwise enforce U.S. law extraterritorially against Swiss banks and bankers (hostages). Our constructivist and target-centered perspective explains this type of coercive pressure in detail, and it also suggests that targeted policy makers judge and respond to it contingent on their political ideologies. Our study contributes to research on power and influence in institutional environments and to research on global business regulation and transnational governance. Most generally, it also expands scholarly understanding of triadic relationships. In contrast to Simmelian perspectives' focus on triads in which the third party is in a powerful brokerage position and frequently benefits as a tertius gaudens, our study suggests that the third party can also become a rather powerless tertius miserabilis who suffers rather than benefits from others' conflict.

Intro -- EXTRATERRITORIAL APPLICATION OF U. S. CRIMINAL LAW POLICIES AND PROPOSALS -- EXTRATERRITORIAL APPLICATION OF U. S. CRIMINAL LAW POLICIES AND PROPOSALS -- CONTENTS -- PREFACE -- Chapter 1 EXTRATERRITORIAL APPLICATION OF AMERICAN CRIMINAL LAW* -- SUMMARY -- INTRODUCTION -- CONSTITUTIONAL CONSIDERATIONS -- Legislative Powers -- Constitutional Limitations -- Statutory Construction -- International Law -- Current Extent of American Extraterritorial Criminal Jurisdiction -- Federal Law -- Express -- Maritime Drug Law Enforcement Act -- Implied -- State Law -- Investigation and Prosecution -- Mutual Legal Assistance Treaties and Agreements -- Letters Rogatory -- Cooperative Efforts -- Search and Seizure Abroad -- Self-Incrimination Overseas -- Statute of Limitations: 18 U.S.C. 3292 and Related Matters -- Extradition -- Venue -- Testimony of Overseas Witnesses -- National Security Concerns -- Admissibility of Foreign Documents -- CONCLUSION -- ATTACHMENTS -- Federal Criminal Laws Which Enjoy Express Extraterritorial Application -- Special Maritime & Territorial Jurisdiction -- Special Aircraft Jurisdiction -- Treaty-Related -- Others -- Federal Crimes Subject to Federal Prosecution When Committed Overseas -- Homicide -- Kidnaping -- Assault -- Property Destruction -- Threats -- False Statements -- Theft -- Counterfeiting -- Piggyback Statutes -- Model Penal Code -- Restatement of the Law Third: Foreign Relations Law of the United States -- 18 U.S.C. 7. Special Maritime and Territorial Jurisdiction of the Untied States (Text) -- 18 U.S.C. 3261. Military Extraterritorial Jurisdiction (Text) -- BIBLIOGRAPHY -- Books and Articles -- Notes and Comments -- End Notes -- Chapter 2 CIVILIAN EXTRATERRITORIAL JURISDICTION ACT: FEDERAL CONTRACTOR CRIMINAL LIABILITY OVERSEAS -- SUMMARY -- INTRODUCTION -- BACKGROUND