Search: extraterritorial sanctions
14 Dec Wikileaks and the Pentagon Papers
...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...23 Jul Guest Post: The Security Council Resolution on the Iran Deal–A Way around the “Reverse Veto”
...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...
09 Jan The Occupied Palestinian Territories and the Responsibility to Protect (Part 2)
...of Genocide; (c) Cease aiding or assisting in the commission of violations of international law, including by reviewing all relationships with Israel, such as trade, aid and assistance and arms transfers, and ending direct and indirect financial support for illegal settlements, including through tax-deductible donations; (d) Conduct investigations under domestic law or universal jurisdiction to hold accountable the perpetrators of crimes under international law, grave human rights violations and abuses in Israel and the Occupied Palestinian Territory, including those identified in the present report, including through criminal prosecutions and sanctions....
10 Jul Climate Justice in an Unequal World: A Chat with Professor Richard Falk, Ecocide’s Legal (Grand)Father
...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...11 Mar The Recent Letter of John Kerry and its Impact on the Joint Comprehensive Plan of Action (JCPOA)
...on the international plane may be categorized as a unilateral act.” Moreover, a unilateral declaration must be issued by authorized officials explicitly and publicly. As established in international law, foreign ministers’ statements, by virtue of their functions, may create obligations for their respective countries. The US Secretary of State has explicitly maintained in the letter that: “we remain fully committed to the sanctions lifting provided for under JCPOA.” Giving assurance to his Iranian counterpart, John Kerry affirmed the US intention to JCPOA commitments. In another part of the letter, he...18 May A Response to Brad Roth by Jean d’Aspremont
...argued elsewhere, and despite the fact that, in my view, coups d’etat can never be attributed to the states because authors of coups cannot be acting in the capacity of an organ of the state, one cannot turn a blind eye to the contemporary systematic practice whereby putschists almost always fail to secure recognition — unless they commit themselves to organize free and fair elections — and undergo a wide range of sanctions. Putschists most of the time fall short of being recognized and are subject to sanctions, but that...11 Jun Should the CIA Use Sudanese Spies?
...war on terror.” Some critics accuse the Bush administration of being soft on Sudan for fear of jeopardizing the counter-terrorism cooperation. John Prendergast, director of African affairs for the National Security Council in the Clinton administration, called the latest sanctions announced by Bush last month “window dressing,” designed to appear tough while putting little real pressure on Sudan to stop the militias it is widely believed to be supporting from killing members of tribal settlements in Darfur. “One of the main glass ceilings on real significant action in response to...19 Sep IL/IR Symposium: The Engines of Compliance
...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...09 Jan John Yoo Reviews David Scheffer’s Memoir in WSJ
...9/11 caused outrage among intellectuals precisely because it proved so successful: preventing further attacks on the United States, eliminating Osama bin Laden and the al Qaedaleadership, and beginning the overthrow of vicious authoritarian regimes in the Middle East. The Bush administration rejected the ineffectual internationalnetwork of activists, rights groups and courts in favor of a robust unilateral response that drew upon the traditional sources of state power, including diplomacy, economic sanctions and military force. Funny thing is, I don’t know who supposedly argued that the U.S. must never act unilaterally...
28 Nov Profiting from Atrocity: The Emerging Legal Threat to Companies Enabling War Crimes
...from the sales. Such cases highlight a troubling scenario: corporations that manufacture TNT or other bomb components may be aiding grave violations of international law by serving as an essential link that makes commission of crimes possible. What are avenues of potential criminal liability faced by corporations when their products are used to commit war crimes or crimes against humanity? Are there alternative theories of liability, such as for financial crimes, terrorist financing, or sanctions evasion? For a more in-depth examination of corporate liability in war crimes, visit the prior...