Search: extraterritorial sanctions
30 Oct The Procedural Inconsistency of the Envisaged EU Enforcement Regulation with the EU’s WTO Obligations
...and rationale to amend the EU Enforcement Regulation The EU Enforcement Regulation allows the EU to adopt trade sanctions (eg. increased custom duties, quotas on imports or exports of goods, or other measures in the public procurement sector) on the losing party after the EU has secured ‘a win’ in a trade dispute at the WTO. Under Article 3 (Scope), the trade sanctions would be imposed when the WTO Dispute Settlement Body (‘DSB’) adopts the relevant WTO Panel or AB report (if appealed) and authorises the EU to suspend the...26 Nov Syria Avoids Security Council Sanctions, Agrees to Cooperate in Hariri Investigation
Syria has agreed to comply with the demands of Security Council resolution 1636 and will cooperate with the Hariri investigation by allowing five Syrian government officials to be interviewed in UN offices in Vienna. This ends, for now, the Syrian stalemate with the Council, and avoids a follow on resolution that would likely have slapped sanctions against Syria. The progress of the Mehlis team investigating the Hariri murder and the Security Council’s robust response is significant, fairly rebutting Julian’s view that UN investigations tend to produce “muddy, often useless conclusions.”...
07 Jan Repression of Civil Disobedience: Pathways to Protect Activists
...acts unduly restricted their right to freedom of expression, even if they broke the law. Regional human rights courts have often emphasized that criminal sanctions are likely to have a chilling effect on freedom of expression and that criminal law should be used as a last resort, especially in cases where people exercise their rights peacefully. Domestic courts have reiterated these principles. For example, the French Court of Cassation has repeatedly ruled that lower courts must assess in each case whether imposing criminal sanctions on human rights defenders would disproportionately...18 Jul Does the ICCPR Apply Extraterritorially?
...would assume U.S. treaties apply in U.S. territory, and only U.S. territory. Of course, one could still bind the United States to the ICCPR for extraterritorial acts if you could establish that it was intended to have such a reach. On that front, however, I believe the United States has been a pretty persistent objector. Marko Milanovic As Marty points out, there are two separate issues raised by the US before the Committee, and previously: (i) the ICCPR does not apply extraterritorially, and (ii) even if it did, IHL is...04 Sep Terrorism and The Extraterritorial Application of State Tort Laws
...Bennett v. Iran would lead one to believe that any tort committed anywhere in the world is subject to the state tort laws of the injured party. The obvious solution is to presume that state tort laws do not apply extraterritorially, which hopefully would prompt Congress to create a federal cause of action for terrorism. (Incidentially, the definitive law review article on the extraterritorial application of state tort laws to combat terrorism has yet to be written. If there are any takers, I would love to read a forthcoming article)....08 Apr Friends Don’t Let Friends Torture: Comment on Youssef v. Secretary of State for Foreign and Commonwealth Affairs
[Matthew Sands is a Legal Advisor with the Geneva based NGO, Association for the Prevention of Torture (APT) the full judgment on this case is available here.] In late January, the UK Supreme Court published its judgment in the case of Youssef. In 2005, Mr. Youssef had been suspected of involvement in terrorist-related activity, and Egypt had requested the UN sanctions committee mandated under UN Security Council resolution 1267 to impose targeted sanctions on Youssef including an assets freeze and a travel ban. The UK Secretary of State for Foreign...15 Dec Ashley Deeks’ Problematic Defense of the “Unwilling or Unable” Test
extraterritorial attacks against non-state actors is one of the most difficult and controversial areas of international law, requiring a careful analysis of state practice and opinio juris. Unfortunately, such an analysis is absent from Deeks’ essay. Instead, Deeks relies on a mistaken understanding of neutrality law, provides little more than a few isolated examples of extraterritorial attacks that have ostensibly been justified under the “unwilling or unable” rubric, and ignores all of the contrary examples. That is a methodologically unsound approach, and it significantly weakens what is otherwise a very...06 Mar The ATS, Incentives, and Tradeoffs
...to reverse the arguments against extraterritorial application of the ATS made by the Bush Administration in its brief to the Supreme Court in 2008 in the Apartheid case (which the Solicitor General may be reluctant to do). This may be one reason why the Administration asked the Supreme Court not to address the issue of extraterritoriality in its original amicus brief. One might also add that the amicus brief drafted by Jack Goldsmith in support of defendant corporation Shell seems to have had an effect; Goldsmith and his amicus...13 Aug Emerging Voices: Protecting the World’s Children: R2P and Measures Less-Than-Force
...Union (‘EU’) sanctions (.pdf) in force against Sudan includes travel bans on individuals who ‘commit violations of international humanitarian law or human rights law or other atrocities.’ Among the EU sanctions (.pdf) in force against the Democratic Republic of Congo (‘DRC’) are travel bans and freezing of funds and economic resources of ‘individuals and entities recruiting or using children in armed conflict’ or who are ‘involved in the targeting of children or women in situations of armed conflict.’ Further, in relation to Syria, the EU has adopted an array of...