Search: extraterritorial sanctions
05 Dec Morality Play at the WTO
...public ethic of that community. As Howse and Langille put it, “public morals” may be justified either as “instrumental regulation designed to counter certain social ills, or as expressive regulation designed to express or give force to intrinsic moral intuitions or shared values.” The fact that there is not universal concern for seal welfare, or that Canada and Norway do not share EU’s concerns, is irrelevant for WTO purposes. Second, the public moral concerns may derive from conduct that is wholly extraterritorial to the Member State. Under this reasoning, a...16 May Book Discussion “Outsourcing War and Peace”: Too Many Gaps – The Need for a Better Accountability Framework for Private Military and Security Contractors
...is the most obvious: pursuing criminal prosecutions or civil tort suits against contractors who commit abuses. With regard to criminal prosecution, our current system of enforcement is seriously flawed in a number of respects. To begin with, there are gaps in the Military Extraterritorial Jurisdiction Act (MEJA), the primary law that gives U.S. courts the power to try contractors when they are accused of committing serious abuses. That statute does not clearly govern contractors who work for agencies other than the Defense Department, such as the State Department contractors involved...05 Oct New Article on Reid v. Covert, and My Question re Extraterritoriality and the Constitution
...which it is not really dead-on, however, though sometimes referenced in relation to it. Reid is the question of the extraterritorial application of the US Constitution, and whether a civilian US citizen lawfully present on a US military base in time of peace, with a SOFA in operation (ie, 1950s Germany), is entitled to a regular US civilian trial with all Constitutional protections in a capital murder case rather than trial in military court under the UCMJ – answer, yes. But, if that’s Reid, what about a US citizen who...
06 May Targeting a Social Group Through Mass Convictions in Turkey: A Brief Crimes Against Humanity Analysis
...under domestic law, as suggested by Dr. Yeşil. Moreover, these actions remain subject to customary international law and the extraterritorial reach of universal jurisdiction. The possibility that such conduct may be prosecuted through universal jurisdiction mechanisms or give rise to Magnitsky-type sanctions further underscores the significance of this discussion. The targeting of a social group numbering in the hundreds of thousands on the territory of a founding member of the Council of Europe should be regarded as a matter that calls for the attention and responsibility of the international community....
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...23 Dec Guest Post: Accountability Impact or Impasse? The Curious Case of the North Korean Inquiry
...Follow-up to the Commission’s Report The Commission’s report is far from gathering dust. Upon its receipt, the Human Rights Council denounced the violations and resolved that the General Assembly should consider submitting the report to the Security Council for “appropriate action”, including possible referral of North Korea to “the appropriate international criminal justice mechanism, and consideration of the scope for effective targeted sanctions against those who appear to be most responsible for crimes against humanity”. The General Assembly has also paid attention to the Commission’s report. It was discussed during...