Search: extraterritorial sanctions
27 Jul Is Extraterritoriality One Phenomenon or Many?
“Does the Constitution Follow the Flag?” is a fascinating book, and one of its great strengths is that it juxtaposes a number of different examples of how law and territory do not align, some of which have been largely forgotten. When most of us think about extraterritoriality, we think of issues like the extraterritorial application of antitrust law, the applicability of the Fourth Amendment to searches in Mexico, or whether detainees at Guantanamo can file habeas petitions. We are less likely to think about Status of Forces Agreements (SOFAs), consular...21 May The International Community and the Challenge to the Rule of Law: The Future of Iran Nuclear Deal
...a comprehensive solution to the dispute over Iran’s nuclear programme for which the comprehensive lifting of nuclear-related sanctions, including international and national sanctions, was an essential part, as stated in the Joint Plan of Action of E3/EU+3 and Iran issued on 24.11.2013. Thus, it cannot be argued that no state except Iran has hard law obligation in implementing the Resolution. In light of this, the recent decision of the United States to withdraw from this agreement and the measures it has taken to defy the implementation of the Resolution, by...22 Oct The Garzon Case and a Global Climate of Attacks on Judicial Independence
...14 October 2020, I filed final submissions to the UN Human Rights Committee (UNHRC) in the long-running Baltasar Garzón v. Spain case, which challenges the prosecution of a judge for his judicial decisions. As the Garzón case epitomizes a number of rule of law challenges of current global concern, including those in the Special Rapporteur’s report, this piece offers a few reflections on the correlation between the case and the report. The UN Special Rapporteur’s report makes clear that sanctions against judges take many forms. They may be civil, criminal...
30 Sep Tackling White Ignorance in International Law—“How Much Time Do You Have? It’s Not Enough”
...waiver, Russia, China, and Cuba shared their COVID-19 vaccines with those who needed them. Last, Third World states deplore the grave human rights costs of economic sanctions (that special rapporteurs bemoan before the Human Rights Council). Half a million Iraqi children killed by sanctions may have been a price Madeleine Albright was willing to pay, but Third Worlders resent being repeatedly sacrificed at the alter of Pax Americana. Opposition to the sanctions regime is layered, nuanced, and principled; it is not a teenage grudge. Both past and ongoing brutalities are...29 Mar Symposium: Discussion of Kanwar’s “Security Council as Legislator of Last Resort”
...the terms of, or practice, under the Charter. Perhaps most striking is the assertion that Chapter VII sanctions have never been applied to a non-proliferation crisis(p. 21), since most observers would likely view Security Council Resolution 687 (imposing economic sanctions on Iraq pending the destruction, removal or rendering harmless of WMD) as just that. And though the organization and writing of the paper are fairly clear, some parts are hard to follow, such as: “Key findings failures and breaches will oblige the board triggering sending the matter referral to the...09 Oct Did North Korea’s Nuclear Test Violate International Law?
...the UN Charter. Given the clear conclusion in the 6 October 2006 Security Council Presidential Statement, expect the Council to at the very least impose some form of economic sanctions on North Korea. (The NYT reports that the Security Council will meet this morning to evaluate responses to the situation, and notes that the United States and Japan are already at work drafting a Chapter VII Security Council resolution.) North Korea has previously announced that the imposition of sanctions would be considered an “act of war” against the North, thus...
27 Sep Symposium on the Current Crisis in Myanmar: This Is What Impunity Looks Like – Myanmar’s Coup Built on Years of Failed Accountability
...as the death toll of protesters rose in March and April. Some consequences followed. The US, UK, EU, and Canada sanctioned junta leaders and major military enterprises, including its two main conglomerates, the Myanmar Economic Corporation (MEC) and Myanmar Economic Holdings Limited (MEHL). But the sanctions’ toll on the military’s cash flow has not been enough. France and other governments have skirted the global call for sanctions on the massive foreign oil and gas revenues that bankroll the junta and its weapon purchases. Japan and Australia have done even less,...29 May Law of the Sea Symposium: Is there a major role for the law of responsibility in international fisheries management?
...led to positive changes on the part of these states and, so far, no sanctions were triggered within the framework of this legislation (note, however, that the EU is threatening to adopt sanctions against the Faroe Islands on the basis of another Council Regulation on unsustainable fishing; see its press release). The EU Council Regulation is more ambitious than the MSRA in various respects: the scope of IUU fishing, the range of targeted states (not only flag states but also coastal states and port states) and the wide scope of...
13 Aug Why the Executive Order on the ICC is Unconstitutional and Self-Defeating
...“unusual and extraordinary threat to national security and foreign policy of the United States.” The President issued the EO under the National Emergencies Act (NEA), the International Emergency Economic Powers Act (IEEPA) and the Immigration and Nationality Act (INA) to authorize sweeping restrictions and punishment, including financial sanctions, civil fines and even criminal prosecution/imprisonment of persons and entities that engage with the ICC. The EO works on two levels. First, it authorizes the Secretary of State to list foreign individuals subject to the EO. That has not yet happened, and...
17 May Interview: Brigid Laffan on ‘Europe in the World: The Emergence of Collective Power Europe’
...are now left with a situation where the big sanctions, oil and gas, are still on the table but because of the level of dependency, there is real hesitation, in, for example, Berlin, doing anything about this. Why? Because of, simply, worry that the German economy will take too much of a further hit. Of course, sanctions always hurt the other side, but they also hurt the sanctioning side. What I see in Berlin at the moment is a very weak Coalition, a three-party coalition, and an extraordinarily weak Chancellor....