Search: extraterritorial sanctions
24 Apr For More Effective Sanctions, Time to Examine Question of Termination
Although I argue that the default should be short and managed sanctions cycles with defined sunset clauses, an ongoing review process where individuals and entities can bring de-listing claims and are afforded due process protections could justify open-ended sanctions or sanctions subject to review. Criteria for the termination of sanctions regimes are as essential to the effectiveness of sanctions as intelligent sanctions design. While it is recognized that better targeting may help to shorten conflict phases, the relationship between well defined goals, incentives to encourage compliance, and terminating sanctions regimes...
24 Jul On Sanctions and Deregistration of Vessels: The Recent Practice of Panama
the vessel had been removed from its registry since May 29, 2019 because of sanctions and/or illegal activities. This is not the first time Panama has been involved in such an incident. In 2018, Panama de-registered the vessel KOTI due to non-compliance with the UNSC sanctions regime on the DPRK. This time, however, it is different as Panama decided to remove 59 vessels from its registry not based on binding sanctions issued by the UNSC, but on sanctions issued by a single State (US). This new criterion would contradict Panama’s...
23 May US Sanctions in Venezuela: Economic Crimes Against Humanity?
...States is committing crimes against humanity in Venezuela through the imposition of economic sanctions. While the sanctions in question date back to 2015, the issue is particularly relevant now, as the COVID-19 pandemic has prompted UN experts to call for the lifting of sanctions in Venezuela and elsewhere. Contrary to the brief accompanying the referral, however, economic sanctions are not crimes against humanity under the Rome Statute. A summary of US sanctions is published by Congress here. Since 2015, sanctions comprise individual sanctions (asset freezes and visa restrictions) on those...21 May Guest Post: Cullis on Iran Sanctions
...agree to formalize their agreement into a treaty, then President Obama will be forced to utilize his limited statutory discretion to provide Iran sanctions relief. This will involve the President exploiting sanctions waivers (time-limited but open to successive periods of renewal), as well as his position as the sanctions’ chief administrator, to relax the sanctions on Iran and ensure measurable relief. However, the President does not have the power to terminate the sanctions altogether, as termination (where it is permitted) would require the President to make certifications as to Iran’s...
21 Aug Pompeo’s Attempt to “Snapback” UN Security Council Sanctions on Iran—“Cut That Out!”
...violated the Iranian sanctions regime” and that “the country is immaterial. If they’re in violation of these sanctions, we’ll do our level best to enforce them… it will become our obligation as a member of the UN in the same way it’s been our obligation to enforce… US sanctions alone.” According to New York Times reporting on his visit to the UN, Pompeo reserved his harshest words towards the UK, France and Germany which he said “chose to side with the ayatollahs”. Second, the stage will thus be set for...
30 Apr Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Post Agostinho Learning Moments for Extraterritorial Jurisdiction in Human Rights Law, Using a Public International Law Perspective
that any of its exceptional bases of extraterritorial jurisdiction should apply (para. 181 ff.) It also explicitly rejected the idea that climate change cases should be of such a special nature as to warrant an extension or a new basis of extraterritorial jurisdiction (para. 195). It dismissed both positive obligations and state capability to impact individuals’ situations abroad as grounds for an extraterritorial reach of its human rights guarantees (paras 199 and 205). Doing so would “lead to an untenable level of uncertainty” and “turn the Convention into a global...
21 Jan GCIII Commentary: Prisoners of War Remittances–Financial Challenges of Sanctions and Conversion Rates
...affected by sanctions from another state, which has a chilling effect even when transfers between two countries are not prohibited. Problems like these in turn affect the financial health of POWs. For example: Sanctions : States involved in transfers, including the Detaining Power, may be obliged to comply with sanction regimes issued by states or by the Security Council acting pursuant to Chapter VII of the UN Charter. These sanctions typically consist of asset freezes against entities, mainly against banks. Conversion rates : The second issue relates to the transfer...13 Dec Despite Deal, Iran Still Needs Pressure (and UN Sanctions)
Most reporting on the nuclear agreement with Iran has tended to generalize about the types of sanctions and the impact of the deal on these various measures, so it would be easy to assume that United Nations sanctions are being eased or lifted, but this is not the case. The deal primarily eases unilateral sanctions by the United States and the European Union against Iran, leading to what is estimated to be around $7 billion in sanctions relief. UN sanctions against Iran—found in resolutions 1737, 1747, 1803 and 1929—will only...