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View Diary: NSA bugged UN headquarters, European Union, and UN nuclear watchdog organization (267 comments)

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  •  Well...that seems a bit conflicted and confused (0+ / 0-)

    to me.

    I'm not being snarky; there may be a framework that explains this policy in a consistent and sensible way, but I don't know what it is.

    The party of Kennedy is also the party of Eastland. The party of Javits is also the party of Goldwater. Where is our party? Where is the political party that will make it unnecessary to march on Washington?

    by SouthernLiberalinMD on Tue Aug 27, 2013 at 05:33:58 AM PDT

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    •  It is conflicted and confused. (0+ / 0-)

      It is also U.S. policy.  I think the basic legal theory is one of "effects" jurisdiction.  IOW, if you do an act in a foreign country that has an effect in the U.S., you may be subjected to liability under U.S. law.

      For example, when I was in private practice, I represented a British company that was a defendant in a penalty action brought by the U.S. Customs Service.  The penalty was based on the British company's alleged violation of the U.S. sanctions regime against Iran.  The company had violated no British law, and the transaction took place wholly outside the U.S.  None of this mattered to U.S. Customs, however.  The agency ultimately dropped the case, but only because the British government made quite clear it would not permit any kind of enforcement on U.K. territory.

      Many countries have protested the U.S. legal position.  Both Canada and the U.K. have enacted "clawback" legislation, which permits their companies to sue in the Canadian and British courts for damages if they are subjected to antitrust liability in the U.S. for actions that were legal under Canadian or British law.  So if a U.K. corporation is held liable in damages to a U.S. corporation for an antitrust violation, the U.K. corporation can sue the U.S. corporation (or its U.K. affiliates) in British courts to "claw back" those damages.

      "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

      by FogCityJohn on Tue Aug 27, 2013 at 10:54:29 AM PDT

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