Search: extraterritorial sanctions
27 Mar Posner and Sykes Book Symposium: Comments by Steve Charnovitz
...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...08 Jun The Laws of the World Cup
...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...25 Jan Goldsmith, ICC and Darfur
...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...
09 Nov Warfare to Lawfare under CERD: Armenia v. Azerbaijan and Azerbaijan v. Armenia
...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...19 May How to Sue Burma in the ICJ for Genocide
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...24 Oct The Analysis of the ICJ Order in the Case Concerning “Alleged Violations of the Treaty of Amity” (Iran v. US): Who Is the Real Winner?
...of the United States participation in the Joint Comprehensive Plan of Action (JCPOA), leading to the re-imposition of sanctions lifted or waived in connection with the JCPOA on Iran. The United States president indicated that this decision was made due to some violations of the JCPOA by Iran, including the public declaration by Iran that it would not allow the International Atomic Energy Agency (IAEA) to have access to military sites and the two-time violation of the JCPOA’s heavy-water stockpile limits by Iran in 2016. Accordingly, he announced that the...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...