Search: extraterritorial sanctions
11 Jul The Rise of the Global Legal Order
...significantly lower. Over the course of her 300-year rule, the UK extracted approximately $45 trillion from India, leaving behind a devastated economy and populace. China was never formally colonised, but a succession of unequal treaties kept it subservient to European interests – like Egypt, a remote-control colony. These treaties concluded the formalities of Chinese defeat in the Opium Wars. They gave Britain and other European powers, and the USA control over freeports, extraterritorial jurisdiction, and control over economic and farming policies. They destroyed the Chinese economy to enrich Europe. Asia...
08 Aug Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – Peoples’ Rights Without Borders? The Significance of the African Charter’s Liberation Ethos to the Palestinian Struggles
...the situation violates both the Charter and general international law. Any support or cooperation with an apartheid state contravenes both the AU Constitutive Act and the Charter. When the OAU was formed, it called for sanctions against apartheid South Africa and called on its member states to contribute 1% of their budget to the liberation struggle. Other countries suspended their diplomatic relations with South Africa, boycotted its companies, and refrained from doing business with South Africa. Second, the right to self-determination has an extraterritorial reach in the sense that States...19 May How to Sue Burma in the ICJ for Genocide
This IHT report documents horrific human rights abuses in Myanmar/Burma gathered by an Englishman who has been sneaking in Burma over the past five years. Of course, the real story here is that these abuses, if true, are going on. But the practical question: Is there any remedy for foreign governments, consistent with existing international law, to stop the abuses. (Note: The U.S. still has as many sanctions on Burma as I believe is possible. But I don’t think China is nearly as scrupulous). Well, I suppose Kosovo and maybe...
15 May EU Corporate Human Rights Due Diligence Obligations: From Means to Results
...would allow it to predict, to the extend feasible, potential human rights violations. As such, the duty to identify potential adverse human rights impact does not entail harm-based civil liability. It is an obligation of result, and non-compliance has certain consequences for the corporation. These can take the form of administrative sanctions/remedial action by the monitoring body established pursuant to Articles 17-18 of the Commission’s Proposal; or sanctions/ remedial action ordered by a civil court if the national civil /torts law allows for such a procedure, as is the case...
09 Nov Warfare to Lawfare under CERD: Armenia v. Azerbaijan and Azerbaijan v. Armenia
...and for Ukraine v. Russia in Crimea) and issues of non-intervention (e.g. Qatar v. UAE on sanctions and travel bans against Qataris) to be complained of under the cover of racial discrimination, ethnic cleansing, cultural erasure, targeted murders and torture as well as other human rights protected by the CERD. The strategy is to cleverly re-characterize the dispute around racial discrimination in order to pass the step of jurisdiction ratione materiae. A clear example of this reformulation would be Ukraine’s argument in the Ukraine v. Russia case that “while it...25 Jan Goldsmith, ICC and Darfur
...that more harm could be done to the value of international humanitarian law by throwing in a referral to the court as a way to garner support for sanctions against Khartoum. Goldsmith says that “even though criminal courts have done little to bring reconciliation to Rwanda or the former Yugoslavia,” or even “deter future crimes,” it is nevertheless “possible that the concrete threat of an ICC prosecution could temper the killings in Darfur without adversely affecting the recent peace deal…” While he seems to recognize that this is a pretty...27 Mar Posner and Sykes Book Symposium: Comments by Steve Charnovitz
...term (p. 282). The books states that sanctions are measured by “substantially equivalent” trade concessions (p. 283), but does not explain where the term “substantially” comes from as it is not a term from the treaty or the jurisprudence. In addition, the book posits that the WTO dispute system provides gap fillers for an incomplete bargain that approximate what WTO members would have negotiated had they been able to address the contingency in the treaty text (p. 284). But the book fails to note that the WTO judges do not...28 Jan Torts over Torture
...coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. The US Torture Statute (18 USC 2340) is similar: “torture” means an act committed by a person acting under the color of law specifically intended to...