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Search: extraterritorial sanctions

16 Sep

...or terminate sanctions on Iran while Congress “reviews” the agreement. Congress may vote a resolution of disapproval, which would prevent the President from lifting or waiving sanctions, but it doesn’t say he can’t enter into the Agreement. But Congress may also simply do nothing (which is what it has done), which would also allow the President to lift the sanctions after 90 days. Nothing in the Act says the President can’t enter into the Agreement. It just says, once he does so, he has to disclose that agreement to Congress...
16.09.15 | |

25 Jul

...balance between the maintenance of (i) international peace and (ii) international security (para.131), suggesting that Courts will play a role in the collective security going forward, particularly where fundamental rights are at stake. Despite the improvements in the listing / delisting process represented by the creation of the UN Office of the Ombudsperson, the Court decides that UN processes do not “provide to the person whose name is listed on the Sanctions Committee Consolidated List … [with] the guarantee of effective judicial protection.” (133) This decision may set a new...
25.07.13 | |

18 Nov

...the use of economic sanctions against states accused of human rights violations. But there are instances in which it is quite predictable—for example, the use of trade sanctions for violations of the GATT. It is not outcasting that makes the legal system unpredictable per se; it is the willingness or unwillingness of states to use the available sanctions to enforce the law. That, in turn, depends on a variety of factors—factors that can sometimes be at least partially addressed by better designed outcasting sanctions (in ways we begin to discuss...
18.11.11 | |

17 May

...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....
17.05.22 | |

25 Apr

...Syrian state, and called on Turkey to cease its unilateral military action and to withdraw its forces from Syrian territory. Additionally, they proposed or enacted a series of sanctions and restrictions. But these sanctions proved to be merely temporary as the international community reacted non-committally and the language used towards the perpetrator was not as severe as it might have been, e.g., to merely call on Turkey rather than demand as a matter of legal obligation. But the seriousness of rights violation is no less than what has been seen so far...
25.04.22 | |

06 Mar

[Anthony J. Colangelo is an Assistant Professor of Law at SMU Dedman School of Law] I suspect the extraterritoriality issue has taken on renewed significance after the Supreme Court’s decision in Morrison v. Nat’l Aust. Bank, which, as many readers know, addressed the extraterritorial reach of the Securities Exchange Act. According to the Court in Morrison, “When a statute gives no clear indication of an extraterritorial application, it has none.” The question now is whether this reinvigorated presumption applies to the ATS. In a recent article in the Virginia Law...
06.03.12 | |

03 Feb

...law governing the extraterritorial conduct at issue? Stated differently, if a case involves extraterritorial conduct and effects, and parties other than the U.S. government or a U.S. national (e.g. Filartiga), is any domestic law even potentially applicable as such? Clearly, U.S. courts can apply foreign law as the law governing extraterritorial conduct without "domesticating" the foreign rule of decision. In such cases, the conflict of laws rule is domestic, but the foreign law rule of decision that it requires to be applied is not. It is, as they say, "discovered"...
03.02.10 | |

27 Oct

Atik Hi Julian - Well the presumption against extraterritoriality is not universally recognized (consider U.S. antitrust law) and can always be overcome by sufficiently clear Congressional expression. 271(f) is an example - Congress clearly wishes to provide a remedy to some extraterritorial conduct - the question remaining is whether particular extraterritorial conduct (the supply of patented software from the United States for incorporation into an otherwise foreign-built computer) falls within that statute's reach. I suppose it will also raise whether the patented software is by itself "a patented invention" as...
27.10.06 | |

11 May

...however. The blockade may be illegal for a host of other reasons (besides the uncertainty of whether the conflict in Yemen was a NIAC at the time of its declaration), some of which have been argued extensively with regards to some other blockade in the region. I didn't say that it was collective punishment. I was responding to the idea that economic or other sanctions are inherently lawful. In some cases, jurists have even held that Security Council-authorized sanctions regimes have been unlawful. For example, in the Bosnia genocide case,...
11.05.15 | |

18 Nov

...of Natural Law is empty of operative force rests upon the view that since the term 'law' must be defined in terms of physical sanctions enforceable within the polity, consequently, the dependence of Natural Law upon theological, transcendental, or non-physical sanctions deprives the concept of the status of 'law.' But even positive law, though backed by coercive authority, relies for its effective and continuing operation upon a large measure of conformity, upon social sanctions, public opinion, and the internalization of externally determined obligations [Brian Tamanaha, if I'm not mistaken, has...
18.11.08 | |

04 Jun

...position on [the legality of] punitive economic sanctions and boycotts.”...." I have seen that Professor Bell has posted on this site on another thread, and if we're lucky he'll join in here too. Aaron Levitt Thank you, Brian, this is helpful. I've never seen the use of "collective punishment" opposed on technical grounds in this case, although I have wondered about the parallel to economic sanctions. I'll need to look into the issue further. Brian Aaron, I'm glad you found that helpful. When someone erroneously states that Israel is breaking...
04.06.10 | |

16 Oct

– may well cause Canadians to rethink their reluctance to extraterritorially apply their own laws. But to my mind, extraterritorial lawsuits (i.e. transnational litigations) are problematic. In some ways, recent international legal scholarship has encouraged these suits. Sovereigntist/revisionist scholars have pushed internationalists to turn domestically with their sustained attack against international, multilateral instruments as a threat to American democratic sovereignty. On the other hand, internationalists have also turned away from traditional sources of international law and multilateralism, believing the traditional view that international lawmaking should be the sole business of...
16.10.07 | |