Search: extraterritorial sanctions
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...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...20 Nov The Prophetic Tradition of International Law and My Concerns About the Book’s Manichaeism
...two most distinctive features of Kelsen’s jurisprudence, namely: (1) that the nature of law is essentially tied to its use of sanctions, and (2) that the normative force of law was only explicable by reference to a non-natural transcendent fact, what Kelsen called the Grundnorm. Contra Kelsen (and Austin), Hart argued that linking law’s nature to the use of sanctions misrepresents law’s normativity; and on the second point, Hart offered an account of law and its apparent normativity in terms that were exclusively psychological and sociological–in terms of what legal...24 Oct Philippines Supreme Court Threatens Law Faculty With Contempt After Allegations of Judicial Plagiarism
...sense, this Court has rendered tenuous its ability to positively educate and influence the future of intellectual and academic discourse,” she added. The full text of the Sereno dissent can be found here: http://sc.judiciary.gov.ph/jurisprudence/2010/october2010/10-7-17-SC_sereno.htm 8. On Monday, October 18, 2010, various Philippine national media carried the news that the Philippine Supreme Court had deliberated and decided to hold the UP Law Faculty in contempt for its Statement. Seehttp://newsinfo.inquirer.net/inquirerheadlines/nation/view/20101020-298693/UP-Law-faces-sanction-over-SC-plagiarism-case andhttp://www.gmanews.tv/story/203873/up-law-risks-sanctions-for-statements-on-plagiarism-mess , among others. 9. Copies of the Court’s seven-page Order were finally seen several hours ago. As will be seen from...22 Nov Overcoming the Veto to Save Lives
[Mona Ali Khalil is an internationally recognized public international lawyer with 25 years of UN and other experience dealing with the rule of law and international peace and security efforts including peacekeeping, sanctions, disarmament and counterterrorism.] In the face of a veto by any permanent member of the UN Security Council blocking enforcement action against the mass atrocities in Palestine, Myanmar, Syria and Yemen and elsewhere, is the international community helpless to help – failing to fulfill its responsibility to protect? Proponents of the use of force for purposes of...
07 Jun Complementarity in the Palestine Situation at the ICC: Could Article 70 Conduct Render Israel “Unwilling” to Investigate Genuinely?
...4 June 2024, the US House of Representatives passed a bill to sanction ICC officials –‘the Illegitimate Court Counteraction Act‘– by a vote of 247 (including 42 Democrats) to 155. The sanctions would restrict entry into the US, revoke visas, and impose financial restrictions on anyone at the ICC involved in trying to investigate, arrest, detain or prosecute “protected persons,” or allies of the United States. It would also cover anyone who provides “financial, material or technological support” to those efforts. The bill is unlikely to pass the Senate and...
02 Aug Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections – Paving the Way for Asset Recovery and Reparations
...enjoy in ‘safe havens’ around the world. To remedy such blatant injustice, States, victim groups and practitioners are increasingly exploring opportunities to recover assets of perpetrators to be repurposed for reparations – an endeavour which has gathered increased momentum since Russia’s full-scale invasion of Ukraine. For example, in 2022 Canada introduced legal reforms to enable the confiscation of funds frozen under sanctions, and their repurposing for the benefit of victims. The EU has contemplated imposing a levy on interest made from frozen Russian assets to raise an estimated three billion...31 Oct Hariri Report Leads to Security Council Action
...involvement of any State in this terrorist act would constitute a serious violation by that State of its obligations to work to prevent and refrain from supporting terrorism.” As CNN summarized: Last-minute diplomatic haggling deleted a direct reference to the threat of sanctions on the Syrian government, but the effect of Monday’s resolution is the same. The resolution is under Chapter 7 of the U.N. Charter, which holds open the ultimate possibility of the Security Council considering the use of force with failure to comply. Russia and China simply would...