Search: extraterritorial sanctions
27 Mar ILOAT “Reasonable Doubt” Jurisprudence in Cases Involving the ICC
...termination (Consideration 8): In the present case, the Disciplinary Advisory Board recommended two sanctions which were, at least arguably, within the range of available sanctions for the misconduct of the complainant. So too was the sanction actually adopted. The ICC’s answer to this argument appears to be that it was clear the executive head, namely the Registrar, adopted a more severe sanction which impliedly explained the rejection of the recommended sanctions of the Disciplinary Advisory Board. But that is not enough. Internal appeal and disciplinary bodies play an important role...
08 Mar Revisiting Crimea and the Utility of International Law
...a useful role in standard setting and, when those standards are not adhered to, in imposing sanctions or counter measures. Whether those sanctions and counter measures are effective for the use of force is reflective of political will rather than a deficiency in the law. During its annexation of Crimea, Russia attempted to use international law to shield its actions from scrutiny and avoid consequences for breaching the prohibition on the use of force. Rather than marking a failure of the law, the Crimean situation highlighted that even though international...
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...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...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....12 Apr Iran Joins the Nuclear Club
...United States militarily." However no US military power will be able to contain the chaos and asymmetrical warfare that will engulf the region after the US attacks Iran. FKh: Is there any likelihood of UN Security Council approving any kind of force against Iran? What about Sanctions? JH: I don't think there is any likelihood the UN Security Council will approve any kind of force nor sanctions against Iran. Iran is well within its rights within the NPT to enrich uranium on an industrial scale. The US does not want...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...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...