Search: extraterritorial sanctions
25 Sep Symposium Exploring the Crime of Ecocide: Accountability for Environmental Destruction–Ecocide in National and International Law (Part I)
...the largest burned areas had been punished through serious sanctions. The report stated that, ‘the Government of Indonesia claims to be serious about enforcing the law around forest fires, holding companies to account for fires on their land and deterring future fires. But this intention is not being implemented through a consistent and escalating use of serious civil/administrative sanctions against the offending companies.’ Prosecutors tending to push for lower charges is a further problem.What is more, even when serious sanctions are imposed by courts, there is weak enforcement. Greenpeace further...11 Jun Facebook’s Answers to Questions about its Human Rights Policy
...of the States in those countries where they apply? As a global company, we have binding legal obligations in the countries where we’re incorporated. That’s part of the fundamental reality of the internet – it’s a reality that, by and large, has served human rights well–although it’s a reality that’s also under great stress. For example, one particularly difficult example is our obligation, as a U.S. company, to comply with U.S. sanctions regulations (which vary by circumstance) in all the jurisdictions where we operate. Sanctions regulations applicable to Facebook, include...18 Aug Emerging Voices: ‘Sovereignty in the Age of Global Terrorism’ What is the Role of International Organizations?
...of legitimacy and power are crucial: not as an ideal concept, not as a strict and defined notion, but rather, as the thermometer of how States consider their status, obligations and capacities in international law and their willingness to work alongside international organisations, especially in order to address security issues. This post examines State sovereignty in the context of post-9/11 counterterrorism and focuses both on the ability of international organisations to adopt and enforce counterterrorism measures and on the practical example of terrorist asset freezing sanctions. Terrorism challenges the sovereignty...16 Nov A Change (Back) We Can Believe In
...Evidence of our acceptance is the legal sanction. The community sanctions violations of law with coercive measures—unlike the way communities deal with social or moral violations. International law has and always had sanctions for law violation, which provide evidence of what the international community understands to be law. The Power and Purpose of International Law takes on this central myth about international law today: that it is not really law because it has no means of enforcement. The three chapters of Part I present the very real enforcement means of...
29 Sep Symposium on the Current Crisis in Myanmar: Innovating Avenues for Justice and Accountability
...criminal charges in what way might these donations be considered a breach of directors’ duties? Likewise, consider potential prosecution for breaches of sanctions on Myanmar. At the time of the February 2021 coup, Australia, Canada, the European Union, the United States, and the United Kingdom all had pre-existing sanctions related to the 2017 atrocities against the Rohingya. While these sanctions clearly didn’t prevent the coup, policing and prosecuting sanction breaches can give sanctions proper ‘teeth’. Such breaches are strict liability offences the US and Australia. What entities might be further...
21 Apr Symposium on International Conflict and Security Law: A Research Handbook – Response by the Editors
...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 –...
21.04.23
|
Sergey Sayapin, Rustam Atadjanov, Nicolás Zambrana-Tevar, Noëlle Quénivet and Gerhard Kemp
|0 Comments
25 Sep Three Reasons Why the International Community Should Engage with the Situation in Belarus
...the top, helping persecuted Belarusians, and ready to hold responsible those who violate human rights. The President of the European Commission, Ursula von der Leyen, said that the EU will ‘reprogram money away from the authorities and towards civil society and vulnerable groups’, as well as EU States unanimously supporting sanctions on the Belarusian authorities. Thus, violations of human rights in Belarus should meet a proportional reaction from the international community, in the form of sanctions, or help for the victims of persecution. Right to self-determination Secondly, according to the...
23 Jun Revisiting International Cooperation on Illicit Trafficking by Sea: Indonesia and the Final Voyage of the M/V Wise Honest (Part II)
...for example the procurement of DPRK-origin coal, or its STS transfer. Without domestic implementation, Setyamoko was able to successfully request the return of the illicit coal aboard the M/V Wise Honest (Case No. 682/Pid.B/2018/PN.BPP) and obtain authorisation to re-export the coal in breach, once again, of UNSC Resolutions and Indonesia’s obligations (below). As summarised by the Sanctions Committee: “The decision by the District Court to release the illicit coal and approve its re-export by the same broker who had facilitated the illegal transaction once again demonstrates the clear need for...20 Nov LJIL Symposium: A Response to Professor Eeckhout and Professor de Wet
...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...
12 Aug Should the ICC Allow the United States to Become a State Party?
...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...