Search: extraterritorial sanctions
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...
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...
27 Sep Symposium on the Current Crisis in Myanmar: This Is What Impunity Looks Like – Myanmar’s Coup Built on Years of Failed Accountability
...as the death toll of protesters rose in March and April. Some consequences followed. The US, UK, EU, and Canada sanctioned junta leaders and major military enterprises, including its two main conglomerates, the Myanmar Economic Corporation (MEC) and Myanmar Economic Holdings Limited (MEHL). But the sanctions’ toll on the military’s cash flow has not been enough. France and other governments have skirted the global call for sanctions on the massive foreign oil and gas revenues that bankroll the junta and its weapon purchases. Japan and Australia have done even less,...31 Aug Did Vladimir Putin Call for the Statehood of Eastern Ukraine?
...thing many will hear is the rhetoric of those trying to slice off successive pieces of Ukraine. That rhetoric, unanswered, can reinforce the beliefs of those who want to dismember Ukraine. For others, it may make it seem as if maybe Russia “has a point” and muddy the waters. In both instances, effective sanctions could be perceived as just another example of might overcoming right. And, rather than resolving the situation, the seeds for further conflict would be planted. While effective sanctions enforce norms, clear norms strengthen sanctions. ...06 Mar The ATS and Extraterritoriality
[Anthony J. Colangelo is an Assistant Professor of Law at SMU Dedman School of Law] I suspect the extraterritoriality issue has taken on renewed significance after the Supreme Court’s decision in Morrison v. Nat’l Aust. Bank, which, as many readers know, addressed the extraterritorial reach of the Securities Exchange Act. According to the Court in Morrison, “When a statute gives no clear indication of an extraterritorial application, it has none.” The question now is whether this reinvigorated presumption applies to the ATS. In a recent article in the Virginia Law...03 Feb Medellín, the Alien Tort Statute, and the Domestic Status of International Law
...law governing the extraterritorial conduct at issue? Stated differently, if a case involves extraterritorial conduct and effects, and parties other than the U.S. government or a U.S. national (e.g. Filartiga), is any domestic law even potentially applicable as such? Clearly, U.S. courts can apply foreign law as the law governing extraterritorial conduct without "domesticating" the foreign rule of decision. In such cases, the conflict of laws rule is domestic, but the foreign law rule of decision that it requires to be applied is not. It is, as they say, "discovered"...27 Oct Does U.S. Patent Law Extend Overseas?
Atik Hi Julian - Well the presumption against extraterritoriality is not universally recognized (consider U.S. antitrust law) and can always be overcome by sufficiently clear Congressional expression. 271(f) is an example - Congress clearly wishes to provide a remedy to some extraterritorial conduct - the question remaining is whether particular extraterritorial conduct (the supply of patented software from the United States for incorporation into an otherwise foreign-built computer) falls within that statute's reach. I suppose it will also raise whether the patented software is by itself "a patented invention" as...11 May Guest Post: Iran’s Relief Ship and the Blockade of Yemen
...however. The blockade may be illegal for a host of other reasons (besides the uncertainty of whether the conflict in Yemen was a NIAC at the time of its declaration), some of which have been argued extensively with regards to some other blockade in the region. I didn't say that it was collective punishment. I was responding to the idea that economic or other sanctions are inherently lawful. In some cases, jurists have even held that Security Council-authorized sanctions regimes have been unlawful. For example, in the Bosnia genocide case,...04 Jun Why International Law Can’t Resolve the Legality of the Gaza Blockade
...position on [the legality of] punitive economic sanctions and boycotts.”...." I have seen that Professor Bell has posted on this site on another thread, and if we're lucky he'll join in here too. Aaron Levitt Thank you, Brian, this is helpful. I've never seen the use of "collective punishment" opposed on technical grounds in this case, although I have wondered about the parallel to economic sanctions. I'll need to look into the issue further. Brian Aaron, I'm glad you found that helpful. When someone erroneously states that Israel is breaking...18 Nov Natural Law Skepticism
...of Natural Law is empty of operative force rests upon the view that since the term 'law' must be defined in terms of physical sanctions enforceable within the polity, consequently, the dependence of Natural Law upon theological, transcendental, or non-physical sanctions deprives the concept of the status of 'law.' But even positive law, though backed by coercive authority, relies for its effective and continuing operation upon a large measure of conformity, upon social sanctions, public opinion, and the internalization of externally determined obligations [Brian Tamanaha, if I'm not mistaken, has...