Search: extraterritorial sanctions
29 Sep Symposium on the Current Crisis in Myanmar: Innovating Avenues for Justice and Accountability
...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...
23 Jun Revisiting International Cooperation on Illicit Trafficking by Sea: Indonesia and the Final Voyage of the M/V Wise Honest (Part II)
...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...20 Nov LJIL Symposium: A Response to Professor Eeckhout and Professor de Wet
...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...16 Nov A Change (Back) We Can Believe In
...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...18 Aug Emerging Voices: ‘Sovereignty in the Age of Global Terrorism’ What is the Role of International Organizations?
...of legitimacy and power are crucial: not as an ideal concept, not as a strict and defined notion, but rather, as the thermometer of how States consider their status, obligations and capacities in international law and their willingness to work alongside international organisations, especially in order to address security issues. This post examines State sovereignty in the context of post-9/11 counterterrorism and focuses both on the ability of international organisations to adopt and enforce counterterrorism measures and on the practical example of terrorist asset freezing sanctions. Terrorism challenges the sovereignty...23 Nov ‘Law, Legitimacy and United Nations’ by Professor Ramesh Thakur
...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,...
21 Apr Symposium on International Conflict and Security Law: A Research Handbook – Response by the Editors
...by the reviewer. Characterizing Murphy’s analysis of the evolution from blanket to smart sanctions as brilliant, Popovski fully agrees with the author’s conclusions and provides another argument in addition to his earlier proposal on the veto power elimination: the Security Council, liberated from veto, should impose mandatory sanctions upon states violators of international peace, security and human rights, to be implemented by the entire world, and to be robustly enforced by them. Again, this argument strikes us as a very logical and clear proposal, albeit implementing it in reality –...
21.04.23
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Sergey Sayapin, Rustam Atadjanov, Nicolás Zambrana-Tevar, Noëlle Quénivet and Gerhard Kemp
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