Search: extraterritorial sanctions
05 Feb Responding to Ryan Goodman About Serdar Mohammed — Part I
...if it is affirmed in the section on extraterritorial NIACs, the ICRC seems to include all kind of NIACs. It says "both customary and treaty IHL contain an inherent power to intern and may in this respect be said to provide a legal basis for internment in NIAC". Don't you think that otherwise it would have said "...a legal basis for internment in extraterritorial NIAC"? Kevin Jon Heller No, because that statement comes in the section on extraterritorial NIAC -- and the section on traditional NIAC says nothing remotely similar....02 Nov Extraterritorial Regulation of Human Rights and the Environment Under the WTO General Exceptions
...States to regulate foreign harms, why should the other exceptions not be interpreted to authorize a Member State to regulate foreign harms? Moreover, VCLT 31(3) requires treaty provisions to be interpreted in light of subsequent agreements between the parties and relevant rules of international law applicable between the parties. If treaties or international law principles of prescriptive jurisdiction allow Member States to regulate extraterritorial harms, then this too should inform the interpretation of the Article XX exceptions. On this theory, Member States should be able to take measures under Article...
05 Aug Greece Boat Disaster: Questions of International Law
...Rights accepted that such extraterritorial control was established, both de jure and de facto, when the Italian authorities intercepted a boat on high seas, transferred the passengers to their own vessels, and returned them to Libya. The UN Human Rights Committee has further held that extraterritorial jurisdiction also exists when the vessel in distress is located within the SAR zone, for which a State has formally assumed responsibility to coordinate rescue operations (AS and others v. Malta). Extraterritorial jurisdiction can also arise when a State, without having formal competence, is...13 Jan Reflections on UN Law Making
of the challenges to UN lawmaking that became very apparent to me during my recent sabbatical study of UN sanctions is that the UN system doesn’t offer many ways to resolve ambiguities in interpretation and implementation. UN sanctions on North Korea, for example, ban luxury goods, but the resolution did not contain a definition of what a luxury good is. Some clarification was provided in a later Security Council resolution issues in March of 2013, some six years later, see this resolution, but this followed a long period of debate...
22 Jan Applying International Law to the Nagorno-Karabakh Conflict
...of Armenia, so Russia would likely veto any sanctions. Moreover, when a general assembly resolution passed in 2008 condemning Armenia’s actions in Azerbaijan, over half the UN’s member states abstained, further suggesting that there is not a political appetite for sanctions. Another option is unilateral sanctions. Azerbaijan and Turkey have already done this by closing off their borders with Armenia. Since Armenia is landlocked, the only ways to get out of Armenia are through Iran and Georgia. Armenia has dug its heels in, so it seems the best way to...08 Jun Virginia Journal of International Law, Vol. 49-4: Online Symposium
...those risks—like the risks entailed in the very similar terrorism-related sanctions regime—are minimal. Professor Guymon argues that rather than dismissing nonproliferation sanctions based on their perceived lack of effect in achieving the desired change in behavior by proliferators, the United States and the international community must maintain nonproliferation sanctions because these sanctions protect the integrity of the national and global systems and actors within the jurisdictions imposing them. By distancing themselves from proliferators and their supporters, the United States, other countries, as well as voluntary private actors, seek to avoid...15 Jul Guest Post: The Joint Comprehensive Plan of Action Regarding Iran’s Nuclear Program
...final, full lifting of all multilateral and unilateral sanctions is set to occur on “Transition Day,” which is defined as 8 years from “Adoption Day,” or when the IAEA reports that all nuclear material in Iran is in peaceful use, whichever is earlier. So the JCPOA envisions a full lifting of all nuclear-related sanctions on Iran within the next eight years at a maximum, with significant sanctions lifting to occur hopefully within the coming year. There are a number of important legal observations to make about the JCPOA text. I’ll...01 Jul UN Ombudsperson Kimberly Prost to Leave Post in July
...hold for the institution now that she is departing, which is significant rule of law problem. The issue was extensively discussed at a recent conference on UN Sanctions at Leiden University in the Netherlands. The program is available under the committee documents tab here. In addition to the fragility of this institution, its exclusivity was discussed in detail. The Ombudsperson’s Office has jurisdiction to review and delist individuals on the Al Qaida sanctions lists, but individuals and entities on the 15 other sanctions lists do not have access to this...01 Jun Events and Announcements: 31 March 2021
Call for Papers Two-day international conference on secondary sanctions: On Thursday 2 and Friday 3 December 2021, the Ghent Rolin-Jaequemyns International Law Institute (GRILI) and the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE) will host a two-day international conference on secondary sanctions. The conference seeks to explore both the international legal framework governing such sanctions and the potential remedies to challenge them, as well as how these measures may shape the international legal order. The conference will feature separate panels devoted to discuss the impact of secondary sanctions;...