Search: extraterritorial sanctions

Raustiala’s book is about the scope of constitutional protections applied abroad. I did not find much in the book addressing whether the Constitution imposes limits on the extraterritorial exercise of federal power. Why is that? We have a robust and well-developed Interstate Commerce Clause jurisprudence, but we have precious little guidance as to the scope or even theory of the Foreign Commerce Clause. Can we say that there are constitutional limitations on the exercise of legislative authority outside of our borders based on the Foreign Commerce Clause? I would think...

...does not demand anything like the blanket rule in Hape. This is why prescriptive jurisdiction does not play a significant role in the U.S. and U.K. cases. The extraterritorial reach of constitutional rights is primarily an internal question, to be resolved by interpreting the relevant national instruments rather than by reference to international law. Of course, this is where the real problems begin. As Marko points out, there are many reasons why national courts are hesitant to extend rights extraterritorially. These reasons, however, are not external to the constitutional interpretation...

...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...

...the violence, the medium-term Western response may be sanctions against Ukraine, particularly targeting the assets of President Yanukovich and his allies. But, hanging over all of this like the sword of Damocles is the concern over the stability of the Ukrainian state. The previous Opinio Juris posts, the BBC report linked-to above, and others have noted the sharp electoral and linguistic (Ukraine-speaking/ Russian speaking) divide between western Ukraine and eastern Ukraine. Some have voiced concern that Ukraine faces a possible civil war or a break-up of the country. Edward Lucas...

...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...

...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...

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;...

to such a degree that they were a matter of concern to the international community. By December 2016, the situation between Ukraine and Russia was recognized by the UN General Assembly as involving armed conflict. Further evidence of the gravity of the situation is the fact that, since 2014, a number of countries have imposed sanctions against Russia in connection with this situation. The panel drew from UN General Assembly Resolution 68/262 and UN General Assembly Resolution 71/205, as well as Russian sanctions imposed on the United States, EU Member...

...would undertake the following voluntary measures: Pause efforts to further reduce Iran’s crude oil sales, enabling Iran’s current customers to purchase their current average amounts of crude oil. Enable the repatriation of an agreed amount of revenue held abroad. For such oil sales, suspend the EU and U.S. sanctions on associated insurance and transportation services. Suspend U.S. and EU sanctions on: Iran’s petrochemical exports, as well as sanctions on associated services.5 Gold and precious metals, as well as sanctions on associated services. · Suspend U.S. sanctions on Iran’s auto industry,...

...should be no US interest in furthering impunity. Problem 3:  The claim that it is in US interests to implement sanctions against Court staff The Order imposes potential sanctions freezing “all property and interests in property that are in the US” of “foreign persons” who “directly engaged in any effort by the ICC to investigate, arrest, detain, or prosecute any US personnel” or nationals of “an ally of the United States” without the consent of that country.  (Section 1, (a)(i)(A)-(B).)  (Given past US Government statements and recent reporting, the “ally”...

...as “why widespread protest against forged elections in Venezuela, Syria and many other countries around the world have not succeeded”? They implicitly suggest that some nations are not brave enough to pay the price for freedom. Some policy-makers also address the issue by referring to inadequacy of internal or international pressures on a nation. In this regard, the tough economic sanctions imposed on states like Iran, North Korea, and Venezuela is essentially based on an optimistic premise that sanctions would make life harder for the people and eventually lead them...

in agreement that it’s “too early to impose sanctions on Iran.” AFP reports that Kofi Annan, meanwhile, has arrived in Iran to let the Iranians know that notwithstanding the clear language of resolution 1696, the UN Secretary General opposes sanctions and believes “patience is more effective.” Sadly, the Security Council’s inaction was rather predictable. Some days ago, the United States already began maneuvering to create an ad hoc coalition of countries that will impose economic sanctions on Iran. However, it’s difficult to believe these efforts will meet substantial success. Iran...