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Search: extraterritorial sanctions

29 Sep

...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...
29.09.21 | |

16 Nov

...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...
16.11.08 | |

12 Feb

...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...
12.02.20 | |

18 Aug

...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...
18.08.16 | |

20 Feb

...a 2025 World Bank report, Syria’s economy has been severely damaged by 14 years of conflict and international sanctions, with GDP shrinking by more than 50 percent since 2010. Around 16.5 million Syrians need humanitarian assistance, and nearly 90 percent of the population lives below the poverty line, while about 60 percent suffers from food insecurity. Reconstruction costs are estimated at approximately $216 billion, nearly ten times Syria’s current annual GDP.  The most notable positive impact on economic prospects was the gradual lifting of U.S. sanctions. In May 2025, Donald...
20.02.26 | and |

18 Mar

...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...
18.03.22 | |

11 Jun

...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...
11.06.21 | |

22 Aug

...for additional information regarding the Fall 2021 Lecture Series or other initiatives of the Society, kindly visit our website. You can also follow and engage with us on LinkedIn, Twitter and Instagram! Call for Papers Call for Papers: “Sanctions and Africa: An International Law and Politics Conference”: Coventry University, The Graduate Institute Geneva, and University of Pretoria are pleased to announce a conference on “Sanctions and Africa: An International Law and Politics Conference” on 9-10 December 2021. The aim of the conference is to investigate and reimagine Africa as an...
22.08.21 | |

17 Jul

...Breyer argued in his concurrence in Kiobel) that the extraterritorial reach of the Alien Tort Statute can be limited by other jurisdictional restrictions. I agree. Despite the obvious clash of approaches between the Roberts majority and the Breyer minority in Kiobel, they do have an important common ground – an intention to limit extraterritorial jurisdiction through a stricter application of the traditional bases of jurisdiction. The DaimlerChrysler case gives Justice Breyer an opportunity to put sharper teeth, if that’s his inclination, into the third alternative test for finding jurisdiction that...
17.07.13 | |

11 Apr

...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...
11.04.12 | |

17 Jan

..."perfect" complementarity in a state's legal obligations anywhere in the world escapes me. The complementarity of IHRL, particularly the ICCPR, in extraterritorial or transnational NIAC is not at all clear, and imperfect at best. By its terms, the ICCPR applies within the territory and jurisdicition of signatory states, not to extraterritorial matters. Even if we impose a functional definition of "jurisdiction" upon and exclude "territory" from the ICCPR, a competely atextual approach, it can't possibly cover all aspects of extraterritorial NIAC. There is an assumption being made (or teleological interpretation)...
17.01.12 | |

15 Jul

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...
15.07.10 | |