Search: extraterritorial sanctions

...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...

...motion calling for condemnation and recognition in respect of Nagorno-Karabakh. Similar resolutions calling for varying degrees of action, from sanctions to recognition, have begun to surface before governments around the world since a “Ceasefire Statement” brokered by Russia between Armenia and Azerbaijan came into effect on 10 November 2020, bringing a fragile end to renewed hostilities in Nagorno-Karabakh that raged since 27 September 2020. The Ceasefire Statement, which allows Azerbaijan to hold on to areas of Nagorno-Karabakh that it seized during the conflict and requires Armenia to withdraw from several...

...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...

...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...

The LA Times recently carried this op-ed by former Australian FM Gareth Evans on the successes of preventive diplomacy and peacekeeping (perhaps better described as peacemaking) missions around the world. He cites the Human Security Report 2005 for evidence that the incidence of war is on the decline, and that third-party interventions (diplomatic, sanctions, military deployments) play a large role in the success stories. As Evans notes, one of the problems of measuring success is how to determine the conflicts that were avoided – the Holmesian (Sherlock, not Oliver Wendell)...

...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...

China and Russia are resisting calls for sanctions against Sudan and South Sudan being pushed by the United States and other Western nations within the UN Security Council. South Sudan has claimed that Sudan bombed oil fields yesterday in the latest clash between the two nations. The decision on Dominique Strauss-Kahn’s immunity in the civil law suit brought against him by the Sofitel housekeeper is due today. In the most explicit acknowledgment to date, John Brennan made a speech yesterday discussing the US’ targeted killing program. Marty Lederman linked to...

...typically more diffuse than in domestic systems, but they are nonetheless real: International inducements. Sometimes a state benefits enough from having others follow the rules that it pays the ‘cost’ of ensuring compliance itself, whether in the form of ‘carrots’ (e.g., trade concessions) or ‘sticks’ (e.g., economic sanctions). Inducements are typically decentralized and based on self-help, so their application can be uneven. Inducements also face typical collective action problems, and so often work best when a powerful state is doing the heavy lifting. Reciprocity. Axelrod demonstrated long ago that reciprocity...

...action — such as imposing the sanctions that were finally put in place last night — pending the evacuation from Libya of U.S. citizens, U.S. diplomats in particular. As always, safety of U.S. citizens is said to be the highest priority in such unstable situations. Apparently, the U.S. embassy compound in Tripoli is poorly secured, with no Marine guards in place to defend. (Vulnerability of nationals in Libya is also now being floated as a reason why other countries are not yet on board with UN sanctions.) That’s a tough...

...these two inquiries. Chief Justice Burger, dissenting: I agree generally with Mr. Justice Harlan … but I am not prepared to reach the merits. I should add that I am in general agreement with much of what Mr. Justice White has expressed with respect to penal sanctions concerning communications or retention of document or information relating to the national defense. Justice Blackmun, dissenting: I join Mr. Harlan in his dissent. I also am in substantial accord with much that Mr. Justice White says, by way of admonition, in the latter...

...at the mission of one of the P5 but gotten a “quick and dismissive” reaction. In the Security Council resolution endorsing the Iran deal, we now have something resembling Professor Caron’s suggestion. To see this, one must work through multiple paragraphs of Resolution 2231. To begin with, paragraph 7(a) terminates prior Security Council resolutions imposing sanctions on Iran. But the Resolution further provides that paragraph 7(a) itself can be undone – thus reinstating the prior Security Council resolutions – through what is effectively a modified voting procedure. Specifically, paragraph 11...

...months of the aerial bombing campaign of the Iraq war, or the punitive sanctions imposed afterwards, which resulted in the death of hundreds of thousand civilians, with effects commensurable to those attributable to weapons of mass destruction. This also raises important questions about whether sanctions can be seen in many cases as structurally oppressive and perpetuating postcolonial hegemonic relationships [see the recent LPE-Yale Symposium]. The challenges in addressing and rectifying these injustices are ongoing. LD: Your points about inequality before international law and the selectivity of its enforcement seem crucial...