Search: extraterritorial sanctions

...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...

...‘‘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...

dictator Muammar Gaddafi, has been brutally mistreated in the Libyan prison where he currently is being held, stepping up pressure to extradite him to The Hague. Former German Foreign Minister, Joschka Fischer, has a column on Project Syndicate about nuclear talks with Iran. Brazil calls on BRICS nations to rally around one candidate for the World Bank presidency. China calls on all nations to lift sanctions on Myanmar and the US has announced it will ease some sanctions as a result of new democratic reforms. Afghanistan’s Foreign Minister says that...

...The event will shed light on ELI’s eponymous project, which explores and addresses the legal complexities of constraining assets in response to reprehensible state conduct. Confirmed Speakers include: Sir Geoffrey Vos (ELI First Vice-President; Master of the Rolls and Head of Civil Justice in England and Wales),Philippa Webb (Professor, University of Oxford), Burkhard Hess (Professor, University of Vienna), Oxana Gisca(President of the Conference of the Parties to CETS 198 (COP CETS 198), Council of Europe), Michael Stelzer(Head of Unit, Financial Sector Stability and Security, Enforcement and SanctionsSanctions, European...

...policy began with the Bush Administration’s [Bush Sr.] decision in 1991-92 to judicialize the Pan Am 103 matter rather than to use force, in effect treating this Libyan act of terror like a domestic murder case, rather than the political-military attack that it was. Ruth remarks in her article that the Lockerbie trial chamber was organized under pressure of Security Council resolutions (SC Resolution 731 (1992) deploring Libya’s lack of cooperation with investigators, and SC Resolution 748 (1992) imposing sanctions on Libya): In response to the bombing, the Americans mobilized...

...and liberal internationalists alike have appealed selectively to historical events and ideas as well as to legal decisions and standards to construct their case for the weakness and irrelevance (non-existence?) versus strength and importance of the international legal system in international affairs. One example is regularly countered by another. Mary Ellen claims that the existence of sanctions alone shows that actors who matter take international rules seriously. I suspect that Jack and Eric would retort that sanctions are yet another justification that the powerful clothe in some-time principle to further...

...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...

...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...

...and consideration of the JCPOA itself. Essentially, Chapter 7 of the book (also publicly accessible here on my SSRN page) is a full chapter-length review and analysis of the legal implications of the JCPOA, on issues including Iran’s safeguards obligations, and the economic sanctions levied against Iran by the U.N. Security Council and by the U.S. and E.U. acting unilaterally. The book thus follows the Iran case study through the period of confrontation between Iran and the West from 2002 through July 2015, setting this confrontation in its historical and...

...be a UN-mandated force under OSCE guidance, or a force with a delegated UN mandate supervised by the Group of Supporting States. Should any side resume the conflict, an arrangement for the automatic snap-back of sanctions could be constructed. While this might be difficult to accept for the Russian Federation, Ukraine and its allies could insist that the UN Security Council Resolution that would endorse the settlement under Chapter VII provides for sanctions that would be brought into force automatically, and universally, should a further armed attack occur. As confirmed...

The Brits are looking to strip Asma al-Assad of her UK citizenship, this in the wake of the imposition of various sanctions on her and family members of other Assad associates. Familial sanctions are an increasingly common practice, on the theory that you really get at the bad guys when you deprive their spouses of shopping trips to world capitals. (In Mrs. Assad’s case, the theory seems pretty plausible, in light of the recent email cache revealing her attention to trivial luxury purchases while Homs burned.) But so long as...

...State responsibility norms to cover an extensive range of accountability mechanisms at the international and domestic level. International Criminal Justice may potentially benefit from the conceptualisation of a duty to end impunity lying with the States and associated with appropriate consequences for the failure to fulfil this duty. It is important to note that this obligation may not only fall upon the States. The Security Council may also have an impact on ending impunity through targeted sanctions and other accountability measures. Due to the limited length of this post, this...