Search: extraterritorial sanctions

...far is refuse to appoint an arbitrator. Second, as any private international commercial arbitrator could tell you, consent to an arbitration does not in any way guarantee enforcement. Indeed, in private commercial arbitrations, judicial enforcement proceedings are common and necessary to force parties to comply with arbitral awards. To put this another way, if China had participated in the arbitration by appointing an arbitrator, I don’t think it would have affected its likelihood of complying with any arbitral award. UNCLOS does not have any sanctions regime akin to, say the...

China and Russia are resisting calls for sanctions against Sudan and South Sudan being pushed by the United States and other Western nations within the UN Security Council. South Sudan has claimed that Sudan bombed oil fields yesterday in the latest clash between the two nations. The decision on Dominique Strauss-Kahn’s immunity in the civil law suit brought against him by the Sofitel housekeeper is due today. In the most explicit acknowledgment to date, John Brennan made a speech yesterday discussing the US’ targeted killing program. Marty Lederman linked to...

Kenya’s Supreme Court has upheld Uhuru Kenyatta’s election as president. Although there were some riots over the weekend and five were killed, the situation in Kenya is described as calm but tense. North Korea has described its nuclear weapons program as the nation’s life, and has vowed to continue it despite the international sanctions. South Korea, meanwhile, has vowed a swift response to any provocation by the North and the US has deployed more radar-evading fighter jets. French-supported Malian forces are fighting Tuareg rebels in the north of Mali after...

...efforts to bring about significant improvements in the conditions in Sudan through sanctions against the Government of Sudan and high level diplomatic engagement and by supporting the deployment of peacekeepers in Darfur. This Act purports to authorize State and local governments to divest from companies doing business in named sectors in Sudan and thus risks being interpreted as insulating from Federal oversight State and local divestment actions that could interfere with implementation of national foreign policy. However, as the Constitution vests the exclusive authority to conduct foreign relations with the...

...while in reality none was found. On the other hand, a Byelorussian oppositionist and his girlfriend, who were among the passengers, got detained during the ‘security operation’. The whole affair turned into a diplomatic scandal, accusations of Belarus breaching international air laws, the suspension of flights through the Belarusian airspace linked with the suspension of operating permits for Belorussian national carrier Belavia as well as economic and person-targeted sanctions. Was the diversion of the Ryanair plane by the Belarusian army in accordance with international law? The paramount question surrounding the...

...of Russia’s aggression and the demand that Russia abide by its humanitarian law obligations. Despite international denunciation of Russia’s aggression and a barrage of EU and U.S. sanctions, 57% of Russians blamed NATO for the death and destruction in Ukraine, 17% blamed Ukraine itself, and only 7% blamed Russia, according to Levada. Levada also found Putin’s approval rating rose from 61% in August 2021 to 83% in March 2022. That Russian public opinion is so much at odds with the way much of the rest of the world views the...

Justice Holmes famously argued that “If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience.” Holmes was articulating the contractual concept of an efficient breach. If the costs of performance exceed the benefits to all the parties, a breach of contract is...

...added he was concerned about the threat of ethnic cleansing. German Economy Minister Sigmar Gabriel said on Sunday he does not believe tighter sanctions against Russia will help resolve the Ukraine crisis even though Chancellor Angela Merkel said on Saturday the European Union is considering further sanctions. Sweden has confirmed that a small foreign submarine illegally entered its waters last month, though it was still unclear which country was behind the intrusion, officials have said. The British prime minister has outlined plans to seize passports from British nationals linked to...

...Resettlement of displaced people. As issues of return affect not just Ukraine and Russia, but the international organisations who manage issues of resettlement and return, and the third-party host states, this is an issue that is likely to require some level of geopolitical agreement. Sanctions relief, reconstruction and international financial support. These all require geopolitical agreement between those involved in imposing sanctions, and will need to be linked to whatever settlement is agreed between Russia and Ukraine. Regional stability framework. Any wider regional stability framework that would attempt to include...

...dispute between China and the Philippines? And why exactly wouldn’t this cause a trade war with China and why wouldn’t it violate the WTO Agreement? And when exactly did the International Court of Justice get involved given that China has not consented to that court’s compulsory jurisdiction? Not only is this not a plausible mechanism for sanctions against China (the world’s second largest economy), but it is not a plausible mechanism for sanctions against almost any country in the world. It has never been done before outside of the trade...

...for reflecting its partiality. (As pertains to Al Haq, it has supported requiring “corporate actors to either terminate their engagement or not engage in the first place” (effectively, to divest or boycott), as well as trade sanctions, which cannot contribute to “tricky compromises” or “creative…mitigation efforts.” The issues raised by Van Ho, however, go far beyond Al Haq alone.) While NGO reporting can inform, it does not comprise the entire process, nor should it. Due diligence involves consultation and the balancing of rights and interests of many potential actors including...

...thread between their past, present and future as human communities. The works prove the skill level and genius of ancient artisans, whereas they provide important references to understand the traditions and customs of preceding communities. Hence, the preservation of this heritage results in a priority for governments and States affected by looting have enacted patrimony laws in this regard. Three common features can be observed in such legislation: 1) a declaration of property over certain objects, both inventoried and undiscovered, 2) the introduction of export certificates and 3) criminal sanctions....