Search: extraterritorial sanctions

...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...

...States to regulate foreign harms, why should the other exceptions not be interpreted to authorize a Member State to regulate foreign harms? Moreover, VCLT 31(3) requires treaty provisions to be interpreted in light of subsequent agreements between the parties and relevant rules of international law applicable between the parties. If treaties or international law principles of prescriptive jurisdiction allow Member States to regulate extraterritorial harms, then this too should inform the interpretation of the Article XX exceptions. On this theory, Member States should be able to take measures under Article...

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...

...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...

...hold for the institution now that she is departing, which is significant rule of law problem. The issue was extensively discussed at a recent conference on UN Sanctions at Leiden University in the Netherlands. The program is available under the committee documents tab here. In addition to the fragility of this institution, its exclusivity was discussed in detail. The Ombudsperson’s Office has jurisdiction to review and delist individuals on the Al Qaida sanctions lists, but individuals and entities on the 15 other sanctions lists do not have access to this...

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;...

...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...

...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...

...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”...

...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,...

...court judge and law professor Winfried Hassemer: our response to deviation in society must be a humane one, so that the state’s manner of interacting with its citizens will stand as a beacon for citizens’ interactions among themselves and encourage humane public discourse. At any rate, demanding tougher sanctions does not answer the question of enforcement of those sanctions. The threat of a sanction alone is not enough; what is needed are officials who register infringements and pass them on to the competent authorities, who then punish them. It is...