Search: extraterritorial sanctions
19 Sep New Review Essay on SSRN
...and (3) it is not clear why it should never be acceptable to tolerate a “great evil” in the name of peace. The essay then discusses two basic problems with his proposals for horizontal pluralization, focusing on his support for non-punitive collective sanctions: (1) in order to avoid being retributively unjust, collective sanctions would have to be imposed using the same liberal-legalist procedures that paralyze international criminal trials; and (2) only retributively unjust collective sanctions could effectively deter mass atrocity. As always, comments are welcome and would be most appreciated....
08 Aug Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – Wale ni sisi: Na sisi ni wale: (Re)viewing the Palestinian Struggle from an African Anti-colonial and Anti-imperialist Lens
...‘‘savages’,’ and even international law. It must be pointed out that the UK, and the US, the core of Israel defence in international platforms, were the last supporters of Apartheid South Africa, a support they gave despite stiff opposition from African countries. Incidentally, it was during those years that the West purported to impose sanctions on countries that were accused of tolerating or undertaking ethnic cleansing, human rights violations, or violations of international law. Western sanctions, that were construed in terms of human rights protection, thus became tools of enforcing...15 Aug The Revised Draft of a Treaty on Business and Human Rights: A Big Leap Forward
...welcome addition to the draft treaty because a series of offences catalogued as crimes under international law or for which international law requires criminalization require separate treatment in the treaty, given their serious character and gravity. However, it also raises questions because it would have some overlap with article 6.1 that mandates a comprehensive legal liability system, presumably also including civil, administrative and criminal. The text of article 6.7 is not clearly linked to a clause providing for sanctions or penalties commensurate with the gravity of the offences (which appears...04 Oct Weekday News Wrap: Thursday, October 4, 2012
Blog reports on the four new judges at the European Court of Human Rights, representing Bosnia, Croatia, Moldova and Russia. The UN is likely to hold a debate in November about the status of Palestine and whether to upgrade its current observer entity status to observer state status. In Tehran, Iranian police have clashed with protestors upset with the fall of the rial more than 40% in a week due to Western sanctions. US Secretary of State Hillary Clinton says that these sanctions could be eased quickly with atomic cooperation....19 May Weekly News Wrap: Monday, May 19, 2014
...is considering trade sanctions against the Netherlands because of stickers printed by far-right politician Geert Wilders which display anti-Islam slogans in the colors of the Saudi flag. Russia came under heavy criticism at the WTO from several of its trading partners, who raised sharp questions over whether Moscow – one of the global trade body’s newest members – is indeed adhering to the international trade commitments that it took on less than two years ago. The West should impose tougher sanctions on Russia, which is waging a “hidden war” in...23 Oct Guest Post: The Evolving Law of Foreign Official Immunity–Mortazavi and Bakhshi, Prince Nasser, and “Samantar II”
...not relieve him from responsibility under international law.” Should these recognitions of nonimmunity for international crimes still prevail today? With respect to civil sanctions as well as criminal sanctions? Are they in jeopardy? What should be done to correct deviant practices globally and/or in the United States? 2. The majority opinion in the ICJ’s Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium) concluded that a sitting Minister of Foreign Affairs “when abroad enjoys full immunity from criminal jurisdiction and inviolability” in another...
11 Sep Libya and International Justice Symposium: Justice, Delayed
...system has collapsed. Lawyers, judges and prosecutors are also prime targets of militias. The prosecutor of the International Criminal Court (ICC) has a mandate to investigate war crimes, crimes against humanity and genocide in Libya yet the prosecutor has issued only one arrest warrant since 2011: against Mahmoud el-Werfalli, a commander linked to the LNA, for extrajudicial executions. The UN sanctions have been underused: only eight people have been listed for individual targeted sanctions since the 2011 revolution, including two militia commanders and six people involved in trafficking. Attempts to...16 Jan Happy Birthday OJ!
...current concern, whether on academic topics close to my heart like Jus Post Bellum or newsworthy international law developments, including a post here on the relationship between sanctions and the 2013 deal with Iran, a post here on Bashir’s interest in coming to the 2013 General Assembly, and the East China Sea dispute available here. Each type of blogging brings its own rewards, and puts one in contact with different networks of academics, practitioners, journalists, and observers, from around the world. Blogging has also prompted me to follow subjects I’m...26 Jan Self-Interest and Compliance
...either had to seek changes to the tax code or face sanctions through the WTO system. The President (and Congress) chose to change the tax code. The cost of non-compliance—trade sanctions with potentially significant economic effects—outweighed the cost of compliance—some companies being upset. These are the “hard cases” when it comes to compliance with international law because the mode of reasoning and decision-making is not primarily legal, but political (or diplomatic). In this form of decision making, the question of compliance is driven by an analysis of power: which is...