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Search: extraterritorial sanctions

24 Jul

...arrival of Ansar Dine/AQIM in Timbuktu; it was, Judge Mindua states, therefore allowed (Separate Opinion [58]). Amputation and flogging were, however, more problematic. They had not really applied in Mali [56] and, as Judge Mindua acknowledges, they appear as torture to many international lawyers [64]. Nevertheless, Judge Mindua points out, they are legal sanctions in states which belong to the United Nations.  As such, Judge Mindua will not state that these sanctions are necessarily illegal, even though he notes their incongruency with human rights and international law. He remains equivocal...
24.07.24 | |

03 Jan

...president to now “dismantle” the deal in its entirety, the most significant international sanctions having been lifted by a binding resolution of the UN Security Council, a resolution all other veto bearing members of the Council remain committed to supporting. The United States could of course re-impose some or all of the national sanctions it had suspended in support of the deal. But at this point it is hard to see how the sanctions of any individual state, however powerful, would succeed in persuading Iran to abandon its decades old...
03.01.17 | |

03 Oct

Don’t worry, this post is not about President Bush’s authority to exercise “unreviewable statutory authority” in the war on terrorism. Rather, it is about how President Bush does get to exercise “unreviewable statutory authority” in the administration of U.S. trade laws. Yesterday, the U.S. Supreme Court denied certiorari in Motion Systems v. Bush, a case challenging President Bush’s decision not to impose import sanctions on certain Chinese products despite an International Trade Commission decision supporting such sanctions. (The S.G.’s Brief opposing cert is here and the lower Court of Appeals...
03.10.06 | |

03 Jun

...banking and real estate transactions that are intended to launder illicit funds. This necessarily requires targeted use of legal and policy tools to prevent violators of IHL and their associates from profiteering from serious breaches of IHL. Some of the examples of targeted sanctions identified in Dr Mutuma’s chapter include punitive bilateral trade and investment measures against the government of South Sudan, banning the acquisition of property in Kenya and Uganda by individuals on the UN sanctions list for war crimes, as well as confiscation of the property of such...
03.06.21 | |

18 Jun

...understandings, and derive from the morality of international behavior. The international community becomes most animated when it understands that a state’s activities amount to annexation, that they constitute territorial acquisition. Consider the following example: when Iraq invaded Kuwait in 1990, the Security Council immediately imposed sanctions. While the delegates from Canada and Zaire referenced the illegality of the invasion and occupation of Kuwait, the ten states that sponsored Resolution 661 repeatedly held that sanctions were a direct response to Iraqi aggression and the use of force. When, days later, Iraq...
18.06.21 | |

11 Oct

...pressuring governments and corporations to cease military collaborations. Advocate for Trade Sanctions: Advocate for trade sanctions against Israel and all businesses that support Israel’s occupation. Pressure governments to implement these sanctions and target companies complicit in violating Palestinian rights. Suspend Israel from International Events: Campaign for the suspension of Israel from international sports and cultural events. Encourage cultural institutions and workers to boycott collaborations with Israeli entities to undermine the normalisation of apartheid. Boycott Israeli Academic Institutions: Advocate for a comprehensive boycott of Israeli academic institutions. Support Palestinian educators and students...
11.10.24 | , , and |

18 Jul

...to funding and assistance for documentation of SVC, and the provision of humanitarian aid and security to victims, and in the absence of Security Council sanctions to target perpetrators, international actors supporting Ukraine can ensure that their own bilateral trade, diplomatic, banking, travel and other sanctions and asset bans on individuals and the Russian state, target perpetrators of sexual violence. The UK, for instance, on 16 June 2022, included sexual violence in sanctions on four Military Colonels from the 64th Separate Motorised Rifle Brigade, a unit known to have killed,...
18.07.22 | |

01 May

...territorial sea.  The UK seized the vessel because it was believed to be transporting Iranian oil to Syria in breach of sanctions responding to international crimes. While this act violated the ship’s (or Panama’s) passage rights under the law of the sea, the law governing countermeasures arguably offered avenues for precluding its wrongfulness. In casu, the British action must be seen within the broader context of Western sanctions then aimed at dissuading the Assad regime from persisting in international crimes and other human rights violations.  But this argumentative option is...
01.05.25 | |

25 Nov

...reasonable doubt.” It is hard to see what is left of Butler after Labaye. As for MacKinnon, she has never repudiated the Butler approach. She has merely advocated that civil rather than criminal sanctions be employed to suppress pornography. Of course, civil sanctions can be just as repressive as criminal sanctions. The ultimate incoherence of MacKinnon’s approach is that it seeks to rely on the machinery of the patriarchal state to suppress patriarchal speech. That the actual consequence of her approach was the suppression of gay, lesbian and feminist material...
25.11.08 | |

30 Apr

...it is necessary to pass resolutions of a legislative character, respect for them will be enhanced by a process that ensures transparency, participation, and accountability. When the Council contemplates judicial functions, it should draw on existing institutions of international law. (v) Sanctions targeted at individuals have presented a challenge to the authority of the Council: legal proceedings have been commenced in various jurisdictions and there is evidence that sanctions are not always applied rigorously. The Council should be proactive in further improving “fair and clear procedures” to protect the rights...
30.04.08 | |

11 Sep

...rather than a collection of terrorist groups/subgroups? If a parent corporation was subject to sanctions, and it opened up a wholly-owned but separately incorporated local corporation that was also deemed subject to sanctions, and then it sold ownership of that local corporation, would the local corporation be subject to sanctions? Perhaps that's not helpful, as sanctions are not equivalent to the use of force, but I would appreciate a bit more discussion of the subject. Jordan Jens: yes, it is phrased with past tense words. Interestingly also, "as he determines."...
11.09.14 | |

12 Dec

...from vetoing any sanctions? My guess is that international opinion and pressure will be so overwhelming that Russia will go along with any punishment against the Syrian state, but that the punishment will be sadly weak. Sanctions are a fairly inefficient tool of statecraft, have little effect (link is to the JSTOR database; subscription required), and typically punish the civilian population more than political leadership (I’ll consider the problem of sanctions in a post later this week). So, for those of you who have faith in the UN and international...
12.12.05 | |