Search: extraterritorial sanctions

...a significant development in the interpretation and application of extraterritorial jurisdiction in rescue operations on the high seas. For the first time, a human rights body has affirmed that the relationship of dependency between persons in distress and States receiving calls for assistance is sufficient to trigger extraterritorial jurisdiction and consequent application of the International Covenant on Civil and Political Rights (ICCPR). In this note, we will examine the claims of the complainant, the findings of the HRC, and will close by addressing the ramifications of the decision on human...

...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...

...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...

...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...

...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...

...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...

...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,...

...likely continue to dominate HRDD. As explained below, a company’s reliance on the monitoring and reporting of such schemes might provide a shield to liability. Articles 15-19: Supervisory Authority These five articles together establish the oversight mechanisms that member states should establish to ensure that companies comply with their HRDD obligations. This includes a (fairly vague) process whereby individuals or organizations can come forward with substantiated concerns (Art 18). It also provides that member states can impose administrative sanctions for breach of the directive (Art 19). While these elements are...

...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,...

...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...

...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...