Search: extraterritorial sanctions
09 Oct Trump vs. International Law: The Trump Administration and International Criminal Justice
...access to victims. The United States has ended military aid to Myanmar and imposed economic sanctions in response to the human rights abuses being committed in Myanmar. Secretary Pompeo has pledged to hold those responsible for the “abhorrent ethnic cleansing” accountable. It has also recently announced that it will provide more than $185M in humanitarian aid to Myanmar’s Rakhine State. The United States commissioned its own investigation into the Rohingya situation involving over 1000 randomly selected refugees in camps in Cox’s Bazar, Bangladesh, who were surveyed in April 2018. The...21 Feb Is the Philippines Arbitration Claim Against China “Bizarre” and “Futile”?
...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...01 Apr Weekday News Wrap: Monday, April 1, 2013
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...
01 Aug The Erosion of Authority: The IAEA, Preemptive Attacks, and the Nuclear Dilemma in a Fragmented World
...an attack could trigger catastrophic radioactive releases requiring mass evacuations across hundreds of kilometers, potentially affecting neighboring countries. The IAEA’s Diplomatic Approach to Non-Compliance: A Pathway to Resolution The IAEA follows a clear escalation process when countries violate nuclear agreements. IAEA inspectors first identify violations and report them to the Director General, who presents findings to the 35-member Board of Governors. The Board initially asks the violating country to fix the problem. If diplomacy fails, the IAEA refers the case to the UN Security Council for potential sanctions. This process...01 Jan Divesting Federal Foreign Affairs Power? The Sudan Accountability & Divestment Act
...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...21 Jun Forced Landing of a Passenger Plane: Law and Politics Behind the Ryanair 4978 Flight from Athens to Vilnius: Part I
...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...
06 Jun Can War Crimes Trials in Ukraine Convince Russians to Stop Supporting the War?
...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...03 Apr Efficient Breach of An Agreement to Publish?
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...17 Nov Weekly News Wrap: Monday, November 17, 2014
...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...28 Nov Gareth Evans on the “Dogs that Don’t Bark”: Are regional and international peacekeeping efforts reducing the incidence of war?
The LA Times recently carried this op-ed by former Australian FM Gareth Evans on the successes of preventive diplomacy and peacekeeping (perhaps better described as peacemaking) missions around the world. He cites the Human Security Report 2005 for evidence that the incidence of war is on the decline, and that third-party interventions (diplomatic, sanctions, military deployments) play a large role in the success stories. As Evans notes, one of the problems of measuring success is how to determine the conflicts that were avoided – the Holmesian (Sherlock, not Oliver Wendell)...