Search: extraterritorial sanctions
11 Sep On the Theory that ISIL is Al Qaeda
...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."...03 Oct Can the President Exercise “Unreviewable Statutory Authority”?
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...20 Apr Weekday News Wrap: Friday, April 20, 2012
...Clinton is calling on the UNSC for tougher sanctions against Syria, even though such sanctions are expected to be vetoed. The EU Parliament has approved a deal with the US on air passenger data sharing that includes tighter restrictions to ensure privacy. EU foreign ministers are set to suspend sanctions against Myanmar for one year. Colombia’s FARC denies any plans to surrender, despite proposing negotiations with government. Tensions further escalate between Sudan and South Sudan as the current Sudanese president Omar Hassan al-Bashir has promised to teach its neighbor to...
01 May Can Coastal States Interrupt Foreign Passage in Their Territorial Seas in Response to Non-Compliance with Human Rights Obligations? A Response to the ASCOMARE Legal Opinion
...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...09 Jun A Response to CarrieLyn Guymon by Paul B. Dean
...the problem of WMD proliferation can be appropriately addressed by targeted “emergency” sanctions based on IEEPA authorities, how best to “multilateralize” these targeted sanctions, and whether the U.S. asset blocking program under E.O. 13382 raises Due Process concerns. Rather than attempt a critique, I’d simply like to highlight some aspects of these topics that I think could benefit from further thought. Professor Guymon concludes her post by noting that the executive’s ”judicious use” of E.O. 13382 adequately addresses any concern that an IEEPA national emergency might continue indefinitely. I would...30 Apr NYU/Government of Austria Issue “The UN Security Council and the Rule of Law”
...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...
24 Jul Judge Mindua’s Separate Opinion in Al Hassan: International Humanitarian Law and the Right to Political, Legal and Cultural Self-Determination
...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...03 Jan Keeping up with the Iran Deal
...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...25 Sep UN General Assembly Should Allow US to Deny Al Bashir Access
Jordan John: interesting, but I do not agree that he has immunity from a criminal sanctions process that involves custody, transfer, and prosecution before the ICC, especially since there is absolutely no immunity under any international criminal treaty for a head of state (e.g., Genocide Convention, art. IV; Geneva Conventions; CAT, arts. 1, 5-7 -- and the customary international law reflected in each) and Article 27(1)-(2) (which mirrors customary international law with respect to sanctions processes of international criminal tribunals) expressly denies immunity with respect to the ICC sanctions process....
03 Jun Ensuring Respect for International Humanitarian Law in South Sudan: Possible Actions by Kenya and Uganda
...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...