Search: extraterritorial sanctions

...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...

...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...

...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...

...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...

...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,...

...in the CITES Handbook as doing (Bodansky 2010). They may bring disputes before international tribunals in an effort to develop a jurisprudence on a relevant issue. Treaties do still constrain states, contestation notwithstanding. Some actions are so far beyond what any state would consider compliant that sanctions (at least of the reputational variety) are predictable enough to provide a deterrent. Moreover, as states’ expectations as to what constitutes compliance coalesce around particular understandings, the instrumental sanctions that von Stein describes (pp. 479-483) will likely become relatively more effective at generating...

...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...

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...

...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...

...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...

Elena Kouvabina Many commenters opined that the Dodd-Frank bill will particially reverse the Supreme Court's Morrison decision with respect to the SEC extraterritorial jurisdiction. The bill's provision in question, however, talks about expanding the jurisdiction of federal courts to hear actions brought by the SEC with extraterritorial elements. In Morrison, Justice Scalia stated that the issue of extraterritorial reach of U.S. securities laws is not jurisdictional but substantive. Several other scholars noted the same. To give the SEC the power to try actions with extraterritorial elements under Section 10(b), Section...

...those who are not plausibly part of an ongoing armed conflict - there seems to be no mention of the applicability of human rights law or principles as constraints on the use of force. U.S. views on the extraterritorial application of HR law aside, that's a very serious and profound mistake with regards to what law applies. While the law of war conduct of hostilities rules may apply as baseline constraints to any use of force, it doesn't follow that compliance with these rules is all that's required (beyond meeting...