Search: extraterritorial sanctions

...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...

...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...

...and vague on modalities. In parallel, the UK‑France‑Germany trio (the E3) have triggered the UN “snapback” process to restore sanctions, with signals they could pause it if Iran restores full inspection access and re‑engages in U.S. nuclear talks. Meanwhile, Washington now characterizes the U.S. strikes as having degraded Iran’s capacity but likely only for “months,” even as it publicly presses for complete dismantlement of enrichment and reprocessing in Iran. Regionally, Iran’s retaliatory missile launch toward the U.S. Al Udeid base in Qatar (intercepted with no casualities) underscored the ease with...

...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...

...principled deviation from peacetime standards. A final reflection on the scope of jus post bellum comes from a related body of work I am engaged in on UN sanctions. In assessing the Security Council’s peacebuilding activities through the guise of sanctions, I have been struck by the extent to which the Security Council is an important player in the jus post bellum field. Although the Council’s actions are discretionary, sometimes inconsistent, and are not applied in a regular way to like-cases, the Council has, nonetheless, been involved in some way,...

...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...

...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...

...such a resolution only holds political weight, and is not legally binding.  The US, UK, EU, Japan and Switzerland have resorted to imposing unilateral sanctions on a number of Russian oligarchs and Russian banks (removing them from SWIFT), as well as on the Russian Head of State, Vladimir Putin, and the Russian Foreign Minister, Sergei Lavrov, however, not all states have imposed the same sanctions (with the UK’s imposition being particularly slow), the legality of such autonomous sanctions is debatable under international law, and also their effectiveness is not fully...

...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...

...fuel supply and identify the responsible agencies and working groups. An app titled “Women, Peace & Security Handbook” provides a compendium of resolutions that address issues relevant to women, peace and security on topics such as: sexual exploitation, displacement, and participation. This app serves as a mini-handbook, providing up to date information on thematic trends within Security Council resolutions. A movement is now afoot to develop a new Sanctions App that would provide information to practitioners on the design of UN sanctions. According to preliminary materials distribution by the Swiss...

...and hard resources. Some States have made important moves, including South Africa and Nicaragua at the ICJ. Still others, like Spain and Belgium have imposed limited sanctions on Israel. But if the last 23 months of genocide shows us anything, it’s that the vast majority of other States – friend and foe alike – are still either unwilling or unable to do what is required to save the Palestinian people, no matter how bad things get.  Second, Palestine lacks the fundamental material, economic and human resources to defend itself. It...

The U.S. government announced a tough new set of economic sanctions on North Korea today, banning luxury goods believed to be favored by Kim Il Jung and his personal supporters. According to the AP, the banned goods include: “ipods, cognac, Rolex watches, cigarettes, artwork, expensive cars, Harley Davidson motorcycles or even personal watercraft, such as Jet Skis.” These new sanctions are actually imposed pursuant to a particular provision in the October U.N. Security Council Resolution authorizing new sanctions after North Korea’s nuclear test. In theory, these sanctions are aimed at...