Search: extraterritorial sanctions
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...02 Oct Bush Waives Article 98 Sanctions
Peggy and I have both noted a subtle erosion in the Bush adminstration’s opposition to the ICC. See, for example, here and here. That erosion continued today, as President Bush announced that he was using his authority under Section 2007 of the American Servicemembers Protection Act to permit the U.S. to resume military aid to 21 countries who have refused to sign Article 98 agreements. The countries include Barbados, Bolivia, Brazil, Costa Rica, Croatia, Ecuador, Kenya, Mali, Malta, Mexico, Namibia, Niger, Paraguay, Peru, Samoa, Serbia, South Africa, St....29 Sep Do International Criminal Tribunals Deter or Exacerbate Humanitarian Atrocities?
...of the sanctions these individuals are likely to face – death, life imprisonment, and torture – is also likely to be higher than those imposed by an ICT. Thus, prosecution by an ICT will often serve as a weaker substitute, rather than a complement, to pre-existing sanctions. In one situation, however, the threat of ICT prosecution is likely to complement other possible sanctions and serve as a deterrent – where the perpetrator is unlikely to be subject to other sanctions because he is considered to be politically indispensable. But in...26 May Supreme Court Upholds AZ Undocumented Alien Employer Sanctions Measure
Opinion here in Chamber of Commerce v. Whiting . The Court green-lights state use of licensing laws as a tool of immigration enforcement, consistent with the 1986 Immigration Reform and Control Act. It also upheld Arizona’s imposition of the e-Verify system as a mandatory requirement on employers, where Congress had deemed the system voluntary. The decision is important in its own right: business licensing is a pretty significant tool with which to advance a restrictionist agenda. It will no doubt embolden anti-immigration activists to ramp up their efforts...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...
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....16 Sep Why Professors Ackerman and Golove Are Still Wrong About the Iran Deal
...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...25 Jul The ECJ’s New Appeal Judgment on Kadi
...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...