Search: extraterritorial sanctions
29 Apr Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Introduction
Angela Müller presents an approach and a roadmap to establish a firmer normative basis of extraterritorial obligations. The underlying argues is that if one wants to convincingly argue for extraterritorial human rights obligations at the legal level, one needs to base this on a justificatory normative theory. This requires a systematic analysis of the grounds on which the persistent opposition to the extraterritorial applicability of human rights rests. Müller suggests three steps to that effect: 1. to identify the concrete legal problem; 2. to address counterarguments; and 3. to translate...
26 Sep Preserving Morality or Crossing Boundaries? Assessing the Legality of Sanctions on Russia through the WTO’s Public Morals Exception
legality of sanctions on Russia under the WTO’s Public Morals Exception represent the author’s perspective rather than established legal precedent. In the author’s view, the imposition of sanctions on Russia can be firmly justified under the requirements outlined in Article XX. These sanctions are a response to protect public morals and address specific incidents that have violated these moral principles. Targeted sanctions have emerged as a powerful tool to ensure accountability and compliance for the preservation of human rights. The primary justification for imposing sanctions on Russia lies in the...
01 Apr Sanctions for War, Reparations for Peace?
...extent of the obligation to make reparations for waging an aggressive war. Sanctions The purpose of sanctions are to censure wrongdoing and to have consequences for the wrongdoer. As a countermeasure to another party’s breach of an international legal obligation, sanctions revolve around expressing moral messages and as a means to vindicate the law. There has been much derision of sanctions as to whether or not they are effective in changing the behaviour of wrongdoers, or just serve to cause hardship to civilian populations. Although there have been greater efforts...
19 Nov The End of Trump’s Campaign to Nuclearize Iran
diplomatic way out of his self-made crisis or in a worst-case scenario learn to live with a nuclear-armed Iran. Since the U.S. imposed economy-crushing sanctions in 2018, Iran’s financial markets have been in a free fall. Sanctions have brought significant hardship to Iranian daily life in recent years. Iran’s leaders, who initially even thanked U.S. for imposing sanctions which helped the country cutting ties of dependence with the outside world, now publicly blame sanctions as a form of economic terrorism and international crime against humanity (see here, here and here)....16 Jan Sanctions On the Upswing by Regional Bodies in Africa
(ii) porous borders blunting the impact of sanctions, and (iii) the difficulty of reaching targeted individuals who operate outside formal financial systems. Exclusion from membership of a respected regional organization may therefore have a greater impact than multilateral sanctions imposed by distant bodies, due to the stigmatizing effects and loss of participation in local economic and security communities. Another difference between UN and regional sanctions is duration. Whereas UN Security Council sanctions often linger on for years, and some would argue, far beyond their natural lifespan, sanctions applied by the...
22 Apr ICC Sanctions Symposium: Implications of Trump Administration’s Sanctions on International Criminal Court Officials
...Trump Administration levied sanctions against two staff members of the ICC pursuant to an executive order issued by President Trump. The world responded with outrage. The administration demonstrated clear disdain for accountability, but the two individuals chosen for sanctions were highly visible African staff members of the ICC. The sanctions came after a determination by the Court’s Office of the Prosecutor (OTP) that war crimes and crimes against humanity were committed in Afghanistan. In November 2017, the OTP filed a request with the Pre-Trial Chamber to open an investigation in Afghanistan, based...
30 May Futureproofing Human Rights Symposium: Innovative Accountability Mechanisms for Addressing Human Rights Violations Abroad – A Case Study of the UK
designed to address cases similar to his. Despite its potential, the Magnitsky Clause has never been invoked in practice, and there are no recorded cases in which other provisions of Part 5 of POCA have been used to confiscate the property of foreign human rights violators. Targeted Sanctions The UK’s approach to the use of targeted sanctions in human rights accountability is a set of provisions in the UK’s post-EU sanctions framework, established by the Sanctions and Anti-Money Laundering Act 2018 (SAMLA), and the Global Human Rights Sanctions Regulations 2020...
20 Apr ICC Sanctions Symposium: Sanctions and Exceptionalism
...However, if the international system makes common cause of accountability then it is incumbent on everyone to demand of the United States what it demands of other nations—clear proof, not only from government sources but from victims too, of the sanctity of the systems tasked with delivering this justice. The microscopic scrutiny extended to others should equally apply even where countries like the USA with a robust public diplomacy machinery are involved. The USA Pulls Out the Sanctions Card and Other Tactics The reverberations from the infamous sanctions across the...