Search: extraterritorial sanctions

whether the ICCPR applied to the events of 11 October. It is this question that I discuss here. The test for the extraterritorial application of the ICCPR There is an established jurisprudence that human rights treaties apply extraterritorially. Typically, this occurs when a State exercises jurisdiction abroad through effective control over territory, or  exercises power and authority over an individual (General Comment, No 31 § 10). In the traditional sense, this involved occupation of territory (“spatial model”) or exercise of physical authority over persons (“personal model”); however, human rights bodies...

...Supreme Court has implicitly overruled his decision on corporate liability," because that's what the Court should be considered to have done in Kiobel. Just as Judge Cabranes couldn't reach the extraterritoriality issue in Balintulo if he was right about corporate liability, the Supreme Court couldn't have reached the extraterritoriality issue in Kiobel if Judge Cabranes was right on corporate liability. Cabranes can't have it both ways; he either needs to acknowledge that his earlier decision is no longer good law, or that the court has no jurisdiction to address other...

...prohibitions, many countries have taken steps to make sanctions evasion a crime in of itself. Germany has amended its Sanctions Enforcement Act to allow for the prosecution of any sanctioned person who fails to declare their assets in Germany to the German authorities. United Kingdom lawmakers introduced the Economic Crime Act which would provide the government with the authority to levy civil penalties against sanctions violators on a strict liability basis. The European Union has also proposed that all of its Member States take a uniform approach to criminalizing the...

...bearer, the application of the remedy can extend to the offender’s family members and, in some cases, to the entire community. In other words, derecho propio is capable of imputing diseases not simply to individual choices, but also to the reasons behind those choices.  Sanctions, on the other hand, are more ‘materially-oriented’, seeking Yu”Cenxi—a term that encompasses ‘correction’, resocialisation, the prevention of similar conducts, isolation, reparation, and harmonisation. A broad and evolving notion, sanctions retain a more individualised character and include diverse responses: corporal punishment (such as whippings and stocks),...

Last week, 45 Fijian peacekeepers deployed as part of a 1,200-member U.N. force monitoring a buffer zone between Syria and Israel were captured and are being held by Nusra Front rebels. (Hat tip to Theodore Christakis here at the ESIL conference in Vienna for raising the issue yesterday in the ESIL / SHARES Peace and Security Interest Group Seminar.) Rebels have made three demands for their release, according to a WSJ article published yesterday: 1. They want to be dropped from the list of al Qaeda-linked groups under U.N. sanctions;...

...Fietta. This seminar will be chaired by Mr Peter Flint, Consultant at Volterra Fietta. February 3 Panel event: The Folly of US Sanctions against the ICC: Since the inception of the International Criminal Court (ICC) in 1998, the United States has had both hostile and cooperative relations with the ICC. The outgoing U.S. administration took hostility to a new level, imposing legal sanctions on the Court’s high-level officials in the same way the government imposes civil and criminal sanctions against those who provide material support to terrorists. This panel will...

The UN Security Council passed Resolution 1672 yesterday, imposing sanctions yesterday on four Sudanese considered responsible for the the atrocities in Darfur. The Resolution passed 12-0, with China, Russia and Qatar abstaining on the ground that sanctions would disrupt the reconciliation process. The sanctioned individuals are Major General Gaffar Mohamed Elhassan, commander of the Western Military Region for the Sudanese Armed Forces; Sheik Musa Hilal, paramount chief of the Jalul Tribe in North Darfur; Adam Yacub Shant, a commander in the Sudanese Liberation Army , and Gabril Abdul Kareem Badri,...

...a matter of fact, has been an Israeli central mechanism to systemically dispossess and forcibly transfer Palestinians. Some countries have imposed sanctions, which comprise of asset freeze – and the provision of funds or economic resources and a travel ban on a few individuals and organisations known for their violent and extreme attacks against Palestinians. Considering the illegal status of Israeli presence in the occupied Palestinian territory (oPt), illegal settlements, outposts and settlers, this phenomenon raises many legal questions and concerns. This post provides a brief legal assessment – within...

...breaches of erga omnes norms. The sanctions against Russia to which you refer, for instance, are quite evidently inspired by such a breach of an erga omnes norm (Article 2(4) UNCh)... There is moreover another relevant difference between the sanctions against Russia and the US 'embargo' against Cuba, in that the latter sanctions regime envisages so-called 'secondary sanctions' that sit uneasily with international law principles governing the exercise of jurisdiction. (ps: of course the annual UNGA resolutions are an expression of State practice/opinio juris) Jordan And Tom, see our Arab...

of the President. Congress could also amend IEEPA to give itself more control over the exercise of presidential discretion in imposing sanctions. But no such bill has been proposed. Instead, Congress appears to be one of the biggest fans of the executive use of IEEPA to declare emergencies and impose sanctions and seems to wish it were used even more often. As discussed in the article, U.S. courts also provide no meaningful check on the use of IEEPA-authorized sanctions programs like E.O. 13,382. Under every possible legal theory for challenge,...

particularly strong form of legal imperialism. In some ways then, extraterritoriality in the human rights field seems at its least interesting when discussing the extraterritorial application of treaties. But the topic is a window to a much more touchy topic tied to attempts to promote a new legal orthodoxy that fundamentally refashions international law. My last observation relates to a claim that Marko makes about the reason that issues of extraterritoriality have come to the fore now – a topic that Kal raises in his post too. Marko implies that...

...So there. Let me try to explain why. Professor Besson’s main claim is that prior scholarship on the ECHR’s extraterritorial application, most of it very critical of the European Court’s case law, has not given serious thought to normative considerations that underpin the issue, ‘except for vague and often misleading gestures to the universality of human rights that allegedly requires their extraterritorial application.’ Generally speaking, in Besson’s view that scholarship is under-theorized and the vague references to universality fail to account for the relational nature of rights and obligations under...