Ch6: Please refer to Question 4 on page 176 of the textbook.
What objections could other countries have to the extraterritorial
application by one country of its laws in territories beyond its
Extraterritoriality is a nation’s attempt to enforce its law beyond its borders.
Usually, it is reasonable to assume that foreign law will differ from U.S. law and must be understood. The Alien Tort Statute allows foreigners to file claims in U.S. courts for violations of international law that may have occurred beyond U.S. Extraterritorial law may also refer to a country’s laws extending beyond its boundaries in the sense that they may authorize the courts of that country to enforce their jurisdiction against parties appearing before them in respect of things that they did outside that country. This does not depend on the co-operation of other countries, since the affected people are within the relevant country (or their case is being heard by a court of that country). For example, many countries have laws which give their criminal courts jurisdiction to try prosecutions for piracy or terrorism committed outside their national boundaries. Sometimes such laws only apply to nationals of that country, and sometimes they may apply to anyone. You can do whatever you want in a country as long as it is legal in that country. It doesn’t matter what the law is in your home country. However, some countries impose “extraterritorial law” on their own citizens. That means that your own country can prosecute you for certain acts that you commit abroad, by its own laws. Some of those laws are enforced internationally by international agreement. A good example would be human trafficking and sexual exploitation of persons under 18 years of age. Conflict over extraterritorial jurisdiction has occurred in a variety of areas in recent years: antitrust, export controls, and law enforcement. Recently the European Court of Human Rights has been challenged with questions concerning the scope of the State’s responsibility for violations of human rights that occurred on international waters. The complaints concern the international fight on illicit drug trafficking, piracy and illegal immigration. The analyzed case law provides that occurrences on international waters constitute cases of extraterritorial jurisdiction and may engage responsibility of the State under the ECHR in the events that take place on board a vessel flying its flag (jurisdiction de iure) and in case of occurrences that happen on board foreign vessels, if the State exercises an effective control over a ship or its crew (jurisdiction de facto). The typical problems arising in connection with extraterritorial jurisdiction are well known. State A will seek to enforce the prescriptions of its legislation against foreign business in respect of their conduct within State B, obliging them to act in a manner at variance with the laws or policies of State B. State B doesn’t regard State A as entitled under international law to regulate that conduct, and thus two states are consequently in dispute.
Ch 4: Please refer to “Minicase: The BlueGreen Alliance” on page 119 of the textbook. Please answer Question Number 1. In your opinion, is the BlueGreen Alliance a partnership of convenience, or does it have the potential to build a new way of approaching sustainability, with limits, interdependence, and equity?
No, it is not. The partnership is a national partnership of labor unions along with environmental organizations working to expand the number and quality of jobs in a cleaner, more efficient American economy. There are three characteristics of the rapidly evolving sustainable business practices that are widely agreed upon: limits, interdependence, and equity. Limits address the reality that environmental resources are exhaustible. Interdependence describes the relationships among ecological, social, and economic system. Action in one of these systems affects the other two. Equity is distribution suggests that for the system interdependence to work there cannot be vast differences in the distribution of gains. All stakeholders have to benefit to some degree from the value added by the business activities. The Alliance is neither a partnership of convenience, nor one of accident. The Blue Green Alliance is a national partnership of labor unions and environmental organizations that is working to expand the number and quality of jobs in cleaner, more efficient American economy. The BGA is an informal partnership between the United Steelworkers, Sierra Club and other labor unions and environmental organizations; this partnership was officially launched in 2006 with the goal of creating good jobs while addressing the triple threat of critical trade, global warming and workers’ rights issues.
In 2006, the United States Workers and the Sierra Club launched a collaboration to focus on environmental policy and expand the number of jobs and the quality of the jobs in the green economy. The collaboration surprised many because environmentalists and unions have been opposed on many issues in the past. For example, the environmentalists have opposed drilling for oil in the Alaska Arctic National Wildlife Refuge, which the unions supported. The unions have often opposed environmentalism because their belief was that it cost jobs. Yet, the collaboration found common ground and has been wildly successful, taking on many additional partners, including the Communications Workers of America, the Natural Resources Defense Council, the Service Employees International Union, the National Wildlife Federation, and the United Auto Workers. The BlueGreen alliance unites more than 14 million members.
There are four main issues the BlueGreen Alliance is presently working on. The first has to do with increased investments in clean energy sources. This is a strategy to create green jobs, reduce global warming, and move the United States toward energy independence. The second concern is climate change, and BlueGreen is urging passage of comprehensive climate change legislation. Such legislation would create jobs and reduce emissions. The right trade and the jobs are located in the United States. The final concern is green chemistry.
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