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Search: extraterritorial sanctions

11 Jul

...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...
11.07.21 | |

21 Feb

...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...
21.02.13 | |

19 May

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...
19.05.05 | |

09 Nov

...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...
09.11.21 | |

25 Jan

...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...
25.01.05 | |

08 Jun

...authority to enforce the Laws of the Game in connection with the match to which he has been appointed.” Next comes the FIFA Disciplinary Code, which is an extraordinarily complex set of rules regarding everything from doping, to fan conduct, to rules against incitement to hatred. The sanctions that can be imposed are quite interesting, ranging from a warning to a stadium ban to forfeit. An entire article could be written on these obligations and the sanctions that flow from violations. Then there is the FIFA Statute, which as noted...
08.06.06 | |

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 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 | |

01 Apr

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...
01.04.13 | |

24 Oct

...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...
24.10.10 | |

01 Jan

...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...
01.01.08 | |

21 Jun

...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...
21.06.21 | |