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Search: extraterritorial sanctions

25 Sep

...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...
25.09.20 | |

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 | |

23 Jun

...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...
23.06.20 | |

25 Sep

...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...
25.09.20 | |

20 Nov

...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...
20.11.13 | |

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 | |

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 | |

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 | |

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 | |

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 | |

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 | |