Search: extraterritorial sanctions
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....
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...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...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...
25 Apr The Violations of Sovereignty and the Right to Self-Determination in Rojava and Ukraine
...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 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...18 Nov Hathaway and Shapiro Closing Post
...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...