Search: extraterritorial sanctions
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...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....23 Jun The Security Council Debates the Value of International Law
...of those seeking to threaten that stability. The Council had also established sanctions regimes, which played a critical role in stabilizing societies. There had been a good deal of discussion recently about whether to take steps to implement transparency in the targeting of sanctions. He wished to make those lists of targets as accurate as possible, and as transparent as was practicable. He looked forward to working with other Council members in the context of the “1267” Committee, to consider the proposals on the table and to ensure that sanctions...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...
21 Jul Double Standards in International Law: Critical Reflections for an Academic Lens for Teaching and Research
...Law Much of my reflection revolves around critical questions to consider when engaging with the topic of double standards in international law. I acknowledge that much of my thinking was shaped by the rich discussions we had. Do ‘Double Standards’ Exist in International Law? Absolutely, and countless examples highlight this issue. Intervention in Conflicts: Western leaders have been quick to condemn Russia’s aggression against Ukraine. The international community has rallied robust support for Ukraine, including economic sanctions against Russia and significant military aid. However, this stands in stark contrast to...04 Apr Guest-Post: Nuclear Trafficking as an International Crime?
...peaceful uses, not that in military programs. UN Security Council Resolution (UNSCR) 1540 requires all states to control nuclear materials and commodities (termed “related materials”) and to adopt and enforce civil and criminal penalties against the export, trans-shipment, and financing of transfers that would contribute to proliferation. But the resolution does not itself criminalize such activities, nor does it establish the robust jurisdictional and mutual assistance rules of the nuclear material treaties. Security Council resolutions imposing sanctions on North Korea and Iran establish quasi-criminal penalties (asset freezes and travel bans)...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...
17 Sep Uniting for Peace in Gaza: A Test for the General Assembly
...have caused harm, such as by leading to deaths at distribution points. To my knowledge, there is no direct precedent of this nature. However, the essence of the plea is in line with earlier resolutions and with the UN’s work to mitigate humanitarian suffering, even when caused indirectly. A striking example is the case of the UN comprehensive sanctions on Iraq in the 1990s. Comprehensive sanctions were blamed for causing widespread humanitarian harm, particularly to children. In response, the Assembly urged exemptions and adjustments, and its continued pressure contributed to...