Search: extraterritorial sanctions
29 Sep Symposium on the Current Crisis in Myanmar: Innovating Avenues for Justice and Accountability
...criminal charges in what way might these donations be considered a breach of directors’ duties? Likewise, consider potential prosecution for breaches of sanctions on Myanmar. At the time of the February 2021 coup, Australia, Canada, the European Union, the United States, and the United Kingdom all had pre-existing sanctions related to the 2017 atrocities against the Rohingya. While these sanctions clearly didn’t prevent the coup, policing and prosecuting sanction breaches can give sanctions proper ‘teeth’. Such breaches are strict liability offences the US and Australia. What entities might be further...05 May Jus Post Bellum Symposium: What’s in a Name? The Great Definitional Debate over Jus Post Bellum
...principled deviation from peacetime standards. A final reflection on the scope of jus post bellum comes from a related body of work I am engaged in on UN sanctions. In assessing the Security Council’s peacebuilding activities through the guise of sanctions, I have been struck by the extent to which the Security Council is an important player in the jus post bellum field. Although the Council’s actions are discretionary, sometimes inconsistent, and are not applied in a regular way to like-cases, the Council has, nonetheless, been involved in some way,...
21 Apr Symposium on International Conflict and Security Law: A Research Handbook – Response by the Editors
...by the reviewer. Characterizing Murphy’s analysis of the evolution from blanket to smart sanctions as brilliant, Popovski fully agrees with the author’s conclusions and provides another argument in addition to his earlier proposal on the veto power elimination: the Security Council, liberated from veto, should impose mandatory sanctions upon states violators of international peace, security and human rights, to be implemented by the entire world, and to be robustly enforced by them. Again, this argument strikes us as a very logical and clear proposal, albeit implementing it in reality –...
21.04.23
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Sergey Sayapin, Rustam Atadjanov, Nicolás Zambrana-Tevar, Noëlle Quénivet and Gerhard Kemp
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16 Nov A Change (Back) We Can Believe In
...Evidence of our acceptance is the legal sanction. The community sanctions violations of law with coercive measures—unlike the way communities deal with social or moral violations. International law has and always had sanctions for law violation, which provide evidence of what the international community understands to be law. The Power and Purpose of International Law takes on this central myth about international law today: that it is not really law because it has no means of enforcement. The three chapters of Part I present the very real enforcement means of...
25 Sep Three Reasons Why the International Community Should Engage with the Situation in Belarus
...the top, helping persecuted Belarusians, and ready to hold responsible those who violate human rights. The President of the European Commission, Ursula von der Leyen, said that the EU will ‘reprogram money away from the authorities and towards civil society and vulnerable groups’, as well as EU States unanimously supporting sanctions on the Belarusian authorities. Thus, violations of human rights in Belarus should meet a proportional reaction from the international community, in the form of sanctions, or help for the victims of persecution. Right to self-determination Secondly, according to the...
23 Jun Revisiting International Cooperation on Illicit Trafficking by Sea: Indonesia and the Final Voyage of the M/V Wise Honest (Part II)
...for example the procurement of DPRK-origin coal, or its STS transfer. Without domestic implementation, Setyamoko was able to successfully request the return of the illicit coal aboard the M/V Wise Honest (Case No. 682/Pid.B/2018/PN.BPP) and obtain authorisation to re-export the coal in breach, once again, of UNSC Resolutions and Indonesia’s obligations (below). As summarised by the Sanctions Committee: “The decision by the District Court to release the illicit coal and approve its re-export by the same broker who had facilitated the illegal transaction once again demonstrates the clear need for...
25 Sep Symposium Exploring the Crime of Ecocide: Accountability for Environmental Destruction–Ecocide in National and International Law (Part I)
...the largest burned areas had been punished through serious sanctions. The report stated that, ‘the Government of Indonesia claims to be serious about enforcing the law around forest fires, holding companies to account for fires on their land and deterring future fires. But this intention is not being implemented through a consistent and escalating use of serious civil/administrative sanctions against the offending companies.’ Prosecutors tending to push for lower charges is a further problem.What is more, even when serious sanctions are imposed by courts, there is weak enforcement. Greenpeace further...19 Sep IL/IR Symposium: Comment on von Stein
...in the CITES Handbook as doing (Bodansky 2010). They may bring disputes before international tribunals in an effort to develop a jurisprudence on a relevant issue. Treaties do still constrain states, contestation notwithstanding. Some actions are so far beyond what any state would consider compliant that sanctions (at least of the reputational variety) are predictable enough to provide a deterrent. Moreover, as states’ expectations as to what constitutes compliance coalesce around particular understandings, the instrumental sanctions that von Stein describes (pp. 479-483) will likely become relatively more effective at generating...