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Search: extraterritorial sanctions

04 Feb

...exception.  While there are informal ways to try to “enforce” international law, for example, through economic sanctions, a cursory glance at the situation of Crimea, a victim of earlier Russian annexation, reveals that sanctions are not always capable of changing state behavior. While the crime of aggression (i.e., “crimes against peace”) were prosecuted already in 1945-46 before the International Military Tribunal at Nuremberg, the crime was added late to the International Criminal Court’s Rome Statute, in negotiations held after the Court was already operational and able to prosecute its other...
04.02.22 | |

13 Aug

...it is conducted? Or is it to hold companies accountable for human rights abuses? This is where opinions diverge. Unsurprisingly, businesses want assurances that being more transparent about their human rights risks won’t increase the risk of litigation. Conversely, civil society is concerned that mHRDD legislation should have some “teeth”, and include meaningful sanctions for non-compliance and/or provide a remedy for victims. Navigating these competing demands represents a challenge for legislators. France and the Netherlands have adopted different approaches. Under the French law, a company may be ordered to remedy...
13.08.19 | |

29 Mar

...sanctions have so far convinced Vladimir Putin to cease the aggression and hostilities. Moreover, Russian aggression remained consistent despite its condemnation by 141 States of the GA, opening an investigation for alleged war crimes and crimes against humanity by the ICC Prosecutor, the International Court of Justice´s provisional measures to immediately suspend the military operation of the Russian Federation and the ECtHR´s urgent interim measures calling on Russia to refrain from military attacks against civilians. On the contrary, the humanitarian situation deteriorates every day and civilian objects are common targets...
29.03.22 | |

28 Jun

...targeted with state resistance in many forms including sanctions and criminal proceedings against the ICC judges and prosecutor, and even cyber-attacks. The Court has responded to previous attacks and arguably remained resilient. However, the political attacks from Israel and the US can differ from previous ones. The ICC is at risk of encountering extraordinary resistance as the narrative of Israeli and US criticism has transformed beyond merely denying jurisdiction to threats to target and sanction the ICC officials and efforts to prevent the functioning of the Court through intelligence activities....
28.06.24 | |

16 Feb

...and to secure the safe release of hostages, and reaffirms the need for all Member States to cooperate closely during incidents of kidnapping and hostage-taking committed by terrorist groups.” In so doing, it attempts to cut off funds derived from ransom, and reaffirms that UN sanctions prohibit ransom payments to UN listed groups. Fourth, the resolution was drafted by Russia. While Russia’s opposition to intervention in Syria and is well known, this is an example of positive engagement with the situation in Syria. Although the resolution does not authorize intervention,...
16.02.15 | |

28 Jan

...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...
28.01.05 | |

26 Jan

...a recent Senate report. A group calling itself “Official Cyber Caliphate” said it hacked the official website of national carrier Malaysia Airlines, but the airline said its data servers remained intact and passenger bookings were not affected. North Korea on Friday demanded the lifting of sanctions, imposed by South Korea after a 2010 attack on one of its naval vessels, as a condition for resuming dialogue. Europe Spain will start talks with the United States about further increasing the number of U.S. troops at an air base in the south...
26.01.15 | |

20 Nov

[Piet Eeckhout is a Professor at University College London and a leading authority in EU Law and international economic law. He notes that he has been involved in the Kadi litigation on the side of Sheikh Kadi.] Devika Hovell’s paper is an excellent attempt at conceptualising the relationship between the domestic judge and the UN Security Council (UNSC). That relationship has come about as a consequence of the UNSC’s smart sanctions policies, which intrude in the daily lives of those which are subject to them. Most of the significant case...
20.11.13 | |

27 Mar

...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...
27.03.13 | |

28 Sep

...of a regime of classified information that is at once far too sweeping but, for precisely that reason, largely incapable of having the teeth necessary to keep secrets. It is a classification regime that serves as nip for the cat, and a marker of access rather than a lockbox for necessary secrets. A better system – not likely in our lifetimes, presumably – would be far less ability to classify things, including a classification system clearly tied to a range of sanctions from loss of job to prison. But the...
28.09.10 | |

12 Nov

...my proposal.) In discussion of my proposals, one commentator has raised the point that my analogies to trade law are not appropriate because in trade, the U.S. Congress does pass legislation to change US law to bring the United States into compliance with ICJ judgments, but only does so in response to the WTO-authorized trade sanctions (i.e. the “SCOO”) against the United States. It’s true that such legislative changes during the WTO era have only come following the SCOOs against the United States. But I would like to think that...
12.11.08 | |

28 Sep

...as special adviser on public international law for the Prosecutor of the International Criminal Court. That court, as is well known, has issued indictments against high level officials of the government of Sudan, including its chief of state. The Security Council has, to date, ducked all pleas by the ICC Prosecutor to assist the Court in enforcing these indictments, even though the Council could easily do so under its Chapter VII authority, including its existing sanctions regime for the Sudan under Security Council Resolution 1591 (2005). What would TWAILERs’ advice...
28.09.10 | |