Search: extraterritorial sanctions
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...
15 May EU Corporate Human Rights Due Diligence Obligations: From Means to Results
...would allow it to predict, to the extend feasible, potential human rights violations. As such, the duty to identify potential adverse human rights impact does not entail harm-based civil liability. It is an obligation of result, and non-compliance has certain consequences for the corporation. These can take the form of administrative sanctions/remedial action by the monitoring body established pursuant to Articles 17-18 of the Commission’s Proposal; or sanctions/ remedial action ordered by a civil court if the national civil /torts law allows for such a procedure, as is the case...24 Oct Philippines Supreme Court Threatens Law Faculty With Contempt After Allegations of Judicial Plagiarism
...sense, this Court has rendered tenuous its ability to positively educate and influence the future of intellectual and academic discourse,” she added. The full text of the Sereno dissent can be found here: http://sc.judiciary.gov.ph/jurisprudence/2010/october2010/10-7-17-SC_sereno.htm 8. On Monday, October 18, 2010, various Philippine national media carried the news that the Philippine Supreme Court had deliberated and decided to hold the UP Law Faculty in contempt for its Statement. Seehttp://newsinfo.inquirer.net/inquirerheadlines/nation/view/20101020-298693/UP-Law-faces-sanction-over-SC-plagiarism-case andhttp://www.gmanews.tv/story/203873/up-law-risks-sanctions-for-statements-on-plagiarism-mess , among others. 9. Copies of the Court’s seven-page Order were finally seen several hours ago. As will be seen from...20 Nov The Prophetic Tradition of International Law and My Concerns About the Book’s Manichaeism
...two most distinctive features of Kelsen’s jurisprudence, namely: (1) that the nature of law is essentially tied to its use of sanctions, and (2) that the normative force of law was only explicable by reference to a non-natural transcendent fact, what Kelsen called the Grundnorm. Contra Kelsen (and Austin), Hart argued that linking law’s nature to the use of sanctions misrepresents law’s normativity; and on the second point, Hart offered an account of law and its apparent normativity in terms that were exclusively psychological and sociological–in terms of what legal...
12 Jun Prize Law Revisited: Between Permission and Regulation
...Venezuela and Iran, to seize enemy and neutral oil tankers and institute forfeiture proceedings against them on the basis of unilateral US sanctions. The blockade issue is complicated by, first, questions over whether some of these vessels qualified as stateless, and second, that the US claims to have imposed a ‘global blockade’, rather than a geographically defined one, as required by international law (San Remo Manual, Article 94). By bringing the issue under the remit of civil forfeiture, rather than the traditional law of prize, the US makes its own...