Search: extraterritorial sanctions
03 Mar Rescue at Sea and the Establishment of Jurisdiction: New Direction from the Human Rights Committee? Part I
...a significant development in the interpretation and application of extraterritorial jurisdiction in rescue operations on the high seas. For the first time, a human rights body has affirmed that the relationship of dependency between persons in distress and States receiving calls for assistance is sufficient to trigger extraterritorial jurisdiction and consequent application of the International Covenant on Civil and Political Rights (ICCPR). In this note, we will examine the claims of the complainant, the findings of the HRC, and will close by addressing the ramifications of the decision on human...10 May Kiobel Insta-Symposium: Kiobel Contradicts Morrison
only, committed in violation of the law of nations.” If the ATS does not sufficiently indicate extraterritorial application, certainly neither does § 78aa. And if the district court in Morrison “had jurisdiction under 15 U.S.C. § 78aa” over claims involving extraterritorial activity—as the Supreme Court explicitly said it did—then the district court in Kiobel also should have “had jurisdiction under [the ATS]” over claims involving extraterritorial activity. Having decided, correctly in my view, that the conduct-regulating rule under the ATS comes from international law, the Court essentially painted itself into...16 Oct The Risk of Using Domestic Law to Solve Transboundary Harm
– may well cause Canadians to rethink their reluctance to extraterritorially apply their own laws. But to my mind, extraterritorial lawsuits (i.e. transnational litigations) are problematic. In some ways, recent international legal scholarship has encouraged these suits. Sovereigntist/revisionist scholars have pushed internationalists to turn domestically with their sustained attack against international, multilateral instruments as a threat to American democratic sovereignty. On the other hand, internationalists have also turned away from traditional sources of international law and multilateralism, believing the traditional view that international lawmaking should be the sole business of...25 Nov Stewart Mini-Symposium: From the ATS to Corporate Criminality under ICL — Mind the Gap
...very problem that Kiobel addressed, i.e., the extraterritorial reach of domestic law. While international crimes are subject to universal jurisdiction, universal jurisdiction is still only permissive and not mandatory. The duty, if there is one, for states to punish all international crimes (e.g., as suggested in the preamble to the ICC Statute) is a very weak one; the only clear duties are those in specific treaties like the Torture or Disappearances Conventions. So why assume that states will pass criminal statutes (even covering obvious international crimes) covering conduct by their...
12 Aug Should the ICC Allow the United States to Become a State Party?
...economic and travel sanctions against the Prosecutor, Fatou Bensouda and Phakiso Mochochoko, the Head of the Court’s Jurisdiction, Complementarity and Cooperation Division. The administration justified the sanctions on the basis that Bensouda and Mochochoko were engaging in the ‘politically motivated’ targeting of American soldiers who served in Afghanistan. The sanctions order called the investigation ‘unjust and illegitimate’ without elaborating as to either claim. However, an earlier Executive Order issued by Trump authorising the use of sanctions against ICC employees linked them to the ICC’s assertion of jurisdiction over possible criminality...20 Nov LJIL Symposium: A Response to Professor Eeckhout and Professor de Wet
...Council Sanctions Committee, including a determination as to whether the reasons for sanctions listings by the Council were well founded in fact. I argue that the assumption of such authority by courts to review decisions sourced in international institutions could be regarded as a move as revolutionary as Marbury v Madison and equivalent kairotic moments across domestic jurisdictions. It is not a move that should be made without significant thought being given to the legitimizing foundations of judicial authority in this context. When domestic and regional courts engage in such...23 Nov ‘Law, Legitimacy and United Nations’ by Professor Ramesh Thakur
...mostly be traced to Europe. Thus the very universality from which the UN draws its legitimacy is in some crucial respects more token than real. If Kosovo was an illegal and yet legitimate intervention, the reverse is true of many sanctions regimes. The Security Council is legally competent to impose sanctions. But as these sanctions became discredited for their harsh humanitarian consequences, instead of the UN legitimizing sanctions, the latter erode the UN’s legitimacy. With respect to the use of international force to avert or halt atrocity crimes inside states,...19 Feb Weekday News Wrap: Tuesday, February 19, 2013
...in the African state. Meanwhile, the EU has pledged to organize an international donor conference in mid-May to help with Mali’s reconstruction. The EU has eased sanctions on Zimbabwe and pledged to lift sanctions on a state-owned diamond company once fair elections have been held. North Korea on the other hand has to face increased sanctions from the EU, going beyond those already imposed by the UN Security Council. The EU has decided not to lift the arms embargo on Syria, but will increase direct support to the rebels. Meanwhile,...22 Aug Events and Announcements: 22 August 2021
...for additional information regarding the Fall 2021 Lecture Series or other initiatives of the Society, kindly visit our website. You can also follow and engage with us on LinkedIn, Twitter and Instagram! Call for Papers Call for Papers: “Sanctions and Africa: An International Law and Politics Conference”: Coventry University, The Graduate Institute Geneva, and University of Pretoria are pleased to announce a conference on “Sanctions and Africa: An International Law and Politics Conference” on 9-10 December 2021. The aim of the conference is to investigate and reimagine Africa as an...
13 May India’s IT Rules, 2021: Incompatible with the ICCPR and a Fatal Blow to Democratic Discourse
...the Rules impose harsh penalties including criminal sanctions on intermediaries if they fail to comply with any provision of the Rules. Rule 7 states that any social media intermediary that fails to meet its obligations under the Rules would be liable for any punishment in force including the provisions of the Indian Penal Code. General Comment 34 of the UN General Assembly and the UN Special Rapporteur on the promotion and protection of freedom of expression have both repeatedly affirmed that imposing penal sanctions on free speech cause a severe...