Search: extraterritorial sanctions

...states still—generally and/or in concrete cases—oppose the extraterritorial applicability of human rights law. And lastly, the judiciary still struggles to develop consistent principles in approaching the extraterritorial applicability of human rights, and it continues to be influenced by a ‘territorial paradigm’, as I have argued in my recent book on the topic and as Vandenhole reiterates in this symposium). Against this background, this contribution starts from the assumptions that (i) establishing a firmer normative basis of extraterritorial human rights obligations could eventually contribute to more consistency in the development of...

The UN’s Department of Political Affairs recently published this list of “13 things to know about UN sanctions.” If you scroll down on the link above, you’ll also see some great sanctions graphics. United Nations Sanctions Primer 1. Since the creation of the United Nations, the Security Council has established 25 sanctions regimes. They have been used to support conflict resolution efforts, prevent the proliferation of nuclear and other weapons of mass destruction, and counter terrorism. 2. “UN sanctions have proved to be an effective complement to other Security Council...

behavior.” Moreover, a 2007 report of the Security Council’s Working Group on Sanctions states: “Experience has shown that sanctions work best as a means of persuasion, not punishment: sanctions should include carrots along with sticks—not only threats, but inducements to elicit compliance. The target must understand what actions it is expected to take. And partial or full compliance should be met by reciprocal steps from the Council, such as easing or lifting sanctions as appropriate.” (UN Security Council, Letter Dated 12 December 2007 from the Permanent Representative of Greece to...

and coordination on the implementation of UN sanctions (addressing opportunities to improve sanctions integration and coordination among the UN entities supporting the Council’s sanctions function, including sanctions committees, expert groups, the Ombudsperson and the Secretariat) UN sanctions and related institutions and instruments. (addressing the intersections between UN sanctions and other international instruments and institutions dealing with international security, such as international arms control and disarmament mechanisms, international financial and economic regulatory systems, and international criminal justice institutions) UN sanctions, regional organizations, and emerging challenges (Addressing opportunities to optimize UN sanctions...

including protecting its eastern borders and undermining Russian influence in Europe, and economic imperatives, as the conflict has reshaped energy dependencies, trade relations, and the stability of Europe’s financial and security architecture.   The EU first imposed sanctions in 2014 after Russia’s annexation of Crimea, later escalating them significantly following Russia’s full-scale invasion of Ukraine in February 2022. From the EU’s perspective, these sanctions are intended to weaken Russia’s ability to finance the war and pressure Moscow diplomatically and economically. By targeting ISDS claims brought by listed Russian and Belarusian investors,...

...service to international criminal justice will have to make pragmatic calculations depending on their racialisation and nationalities. Ultimately, the paternalism in and marginalisation of international criminal justice have found a good friend in EO 13928 and the sanctions and their enduring legacies. While not all may be willing, for whatever reason, to acknowledge the racist nature of the sanctions and the racialised dynamics of their legacy, we may at least agree that these sanctions should never have been imposed in the first place. Sanctions in this context are a base,...

throughout the world. Family members of sanctioned individuals may also be targeted or face difficulties as a result of being an associated person to the sanctions target. Unlike some criminal laws that can be ignored or unenforced until they are amended or repealed, sanctions violations are strict liability offenses. Thus, banks and financial institutions must comply with the existing sanctions orders and refuse to process transactions, or freeze assets. OFAC fines can reach as high as $250,000, and an intentional violation of a sanctions order carries a maximum sentence of...

...exist within the African Charter on Human and Peoples’ Rights and its jurisprudence that may be deployed to ensure extraterritorial accountability of states in Africa among themselves for human rights wrong associated with climate change and climate interventions. The Limitation of Territorial Accountability Arguably it is problematic and sometimes legally impossible to achieve territorial accountability among states in Africa to effectively address their acts and omission linked to climate change and interventions or that of the entities under their control that negatively affect rights extraterritorially. It is an extraterritorial challenge...

...misnomer to speak of the extraterritorial obligations of TNCs? Implicit in the term extraterritorial is the idea of a (particular) territory and an undefined penumbra beyond this territory – the extra. International human rights law has traditionally favored a conception of extraterritorial obligations fixated on territorial states as duty bearers. As Elif Durmus points out in her contribution, within this context, it is necessary to have a trigger in order to extraterritorialize the human rights obligations of a state. This is a sentiment echoed by Wouter Vandenhole who astutely observes...

sanctions. Then, if there is a rule on the termination date and conditions of sanctions under international law, Russia must abide by this rule to identify its act as a retorsion. However, there is no clear requirement concerning the termination process of unilateral sanctions under international law, that is, within the concept of retorsions. Therefore, if Russia’s suspension constitutes a retorsion, it may be implemented indefinitely in practice without any legal obstacle arising from international law. This would not be the case for the concept of countermeasures which stipulates certain...

...“smart”, or targeted sanctions against specific individuals or entities within states has been gradually made. Murphy denotes a deep paradox: if targeted sanctions were established against human rights concerns relating to blanket sanctions, but these same targeted sanctions have been criticized for their potentially far-reaching encroachments on the rights and freedoms of some of those individuals, being targeted. Murphy illustrates the violations of human rights resulting from targeted sanctions as a caution, that the state-orientated institutional framework was architecturally unprepared to accommodate the individual as a new target of sanctions....

personnel from any attempts to exercise such jurisdiction’, once again implying that they will protect their nationals from such overreach. It also puts for its assessment that the imposition of sanctions on the Court and its personnel would not be ‘an effective or appropriate strategy’, thus implying that the actual sanctions were the only thing wrong with Trump’s executive order. The press statement released by the White House announcing the revocation of the sanctions reiterates that the United States is a leader in the international criminal justice project, and that...