Search: extraterritorial sanctions

United States. “Extraterritorial Territory.” In some ATS cases, it is alleged that the unlawful conduct occurs abroad, but there is nonetheless a territorial nexus to the United States. Examples include conduct that occurs on U.S. territories, within U.S. embassies and consulates, on U.S. military bases located overseas, or on U.S.-flagged vessels or airlines. Obviously, not all of these activities will touch and concern the United States with sufficient force to displace the presumption against extraterritoriality. But these are the kinds of questions that will be the subject of future litigation....

...very problem that Kiobel addressed, i.e., the extraterritorial reach of domestic law. While international crimes are subject to universal jurisdiction, universal jurisdiction is still only permissive and not mandatory. The duty, if there is one, for states to punish all international crimes (e.g., as suggested in the preamble to the ICC Statute) is a very weak one; the only clear duties are those in specific treaties like the Torture or Disappearances Conventions. So why assume that states will pass criminal statutes (even covering obvious international crimes) covering conduct by their...

...has monitored Malta’s investigation and is threatening more action if Malta’s investigation is compromised. In regards to Saudi Arabia and Russia, there have been mixed actions. For Saudi Arabia, the US enacted sanctions in response to the murder of Khashoggi and has threatened further action if Saudi Arabia does not pursue proper justice. There has been some concern whether Trump is doing enough, because many feel Trump has not taken a harsh enough tone against Saudi Arabia. The EU has called for more transparency and is threatening sanctions. Regarding the...

...Council Sanctions Committee, including a determination as to whether the reasons for sanctions listings by the Council were well founded in fact. I argue that the assumption of such authority by courts to review decisions sourced in international institutions could be regarded as a move as revolutionary as Marbury v Madison and equivalent kairotic moments across domestic jurisdictions. It is not a move that should be made without significant thought being given to the legitimizing foundations of judicial authority in this context. When domestic and regional courts engage in such...

...mostly be traced to Europe. Thus the very universality from which the UN draws its legitimacy is in some crucial respects more token than real. If Kosovo was an illegal and yet legitimate intervention, the reverse is true of many sanctions regimes. The Security Council is legally competent to impose sanctions. But as these sanctions became discredited for their harsh humanitarian consequences, instead of the UN legitimizing sanctions, the latter erode the UN’s legitimacy. With respect to the use of international force to avert or halt atrocity crimes inside states,...

...in the African state. Meanwhile, the EU has pledged to organize an international donor conference in mid-May to help with Mali’s reconstruction. The EU has eased sanctions on Zimbabwe and pledged to lift sanctions on a state-owned diamond company once fair elections have been held. North Korea on the other hand has to face increased sanctions from the EU, going beyond those already imposed by the UN Security Council. The EU has decided not to lift the arms embargo on Syria, but will increase direct support to the rebels. Meanwhile,...

...for additional information regarding the Fall 2021 Lecture Series or other initiatives of the Society, kindly visit our website. You can also follow and engage with us on LinkedIn, Twitter and Instagram! Call for Papers Call for Papers: “Sanctions and Africa: An International Law and Politics Conference”: Coventry University, The Graduate Institute Geneva, and University of Pretoria are pleased to announce a conference on “Sanctions and Africa: An International Law and Politics Conference” on 9-10 December 2021. The aim of the conference is to investigate and reimagine Africa as an...

...the Rules impose harsh penalties including criminal sanctions on intermediaries if they fail to comply with any provision of the Rules. Rule 7 states that any social media intermediary that fails to meet its obligations under the Rules would be liable for any punishment in force including the provisions of the Indian Penal Code. General Comment 34 of the UN General Assembly and the UN Special Rapporteur on the promotion and protection of freedom of expression have both repeatedly affirmed that imposing penal sanctions on free speech cause a severe...

...first adopted in Barayagwiza. Rather, it favors a more nuanced array of sanctions that can be calibrated to specific prosecutorial errors. She argues that the absolutist position does violence to the interests of victims, the desires of the international community and potentially the quest for peace and reconciliation. These values should not be sacrificed to generate greater prosecutorial discipline. Instead of adopting such blunt sanctions, Professor Turner ably argues that international courts and tribunals should consider and deploy a wider variety of sanctions, which can be better married to the...

...bothered to act upon these warnings. After the first wave of violence, the U.S. Government went so far as to lift a longstanding U.S. investment ban on Myanmar and, not long after that, lifted an import ban on Myanmar goods. Those sanctions, if left in place at the time, would not have been a silver bullet. No one believed then or now that the sanctions alone could have averted the disaster. Instead, the concern about the premature lifting of the sanctions at the time was the abysmal timing and the...

...by the reviewer. Characterizing Murphy’s analysis of the evolution from blanket to smart sanctions as brilliant, Popovski fully agrees with the author’s conclusions and provides another argument in addition to his earlier proposal on the veto power elimination: the Security Council, liberated from veto, should impose mandatory sanctions upon states violators of international peace, security and human rights, to be implemented by the entire world, and to be robustly enforced by them. Again, this argument strikes us as a very logical and clear proposal, albeit implementing it in reality –...

...economic and travel sanctions against the Prosecutor, Fatou Bensouda and Phakiso Mochochoko, the Head of the Court’s Jurisdiction, Complementarity and Cooperation Division. The administration justified the sanctions on the basis that Bensouda and Mochochoko were engaging in the ‘politically motivated’ targeting of American soldiers who served in Afghanistan. The sanctions order called the investigation ‘unjust and illegitimate’ without elaborating as to either claim. However, an earlier Executive Order issued by Trump authorising the use of sanctions against ICC employees linked them to the ICC’s assertion of jurisdiction over possible criminality...