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Search: extraterritorial sanctions

14 Apr

...the Code have to accept the WADA List of Prohibited Substances and Methods . . . . The Code includes articles that are mandatory relating, for example, to sanctions and hearings. Other articles, such as those dealing with consequences to teams, leave some latitude to signatories. The important thing for international lawyers, however, was the fact that the Code was not binding under international law, since many of its signatories lacked the authority to create international legal obligations. At most, it reflected a so-called “soft-law” commitment of states whose governments...
14.04.06 | |

02 Apr

...on Human Rights has accepted jurisdiction in the case brought against the United States by an Algerian man who has been detained at Guantanamo Bay without charges or trial for more than a decade. West African leaders have delivered an ultimatum to the military coup leaders in Mali asking them to leave power by Monday or face economic sanctions At the conference on Syria in Istanbul, the 83 members Friends of the Syrian People group has recognized the Syrian National Council as the legitimate representative of the Syrian opposition. The...
02.04.12 | |

04 Apr

...appoint a more diverse tribunal? Such sanctions might risk gamesmanship by creative litigators, proving ammunition to challenge appointments or awards based on any deficits in the constitution of the tribunal. But in the absence of sanctions, what would be the point of adding an anti-discrimination provision? Finally, one may query whether this is an obligation which should solely be imposed on parties. What about the role, for instance, of appointing institutions or party-appointed arbitrators jointly selecting a chair? Conclusion While initiatives to increase diversity in arbitration should be welcomed, there...
04.04.22 | |

01 Jul

...our lands”, hours after a ceasefire to allow for peace talks with the pro-Russian separatists had expired. The EU signed a historic free-trade pact with Ukraine on Friday and warned it could impose more sanctions on Moscow unless pro-Russian rebels act to wind down the crisis in the east of the country by Monday. More than 5,000 migrants have been picked up by the Italian navy in the past 48 hours in several rescue operations between Sicily and North Africa. Bosnia has marked 100 years since the murder of Austrian...
01.07.14 | |

10 Oct

...than those countries with statutory restrictions on free speech that I have worked and organised events at in the past (see here, here, and here, and this collection on Jerusalem that followed a workshop). I am aware this is quite an indictment. As I explain below, the ‘adoption’ of the IHRA definition of antisemitism by many British universities was ideologically driven by the previous Conservative government which threatened financial sanctions against those institutions that refused to adopt it or raised concerns about free speech and academic freedom. The result has...
10.10.24 | |

22 Mar

...the country. In Syria-related sanctions, the EU aims to put a travel and shopping ban on President al-Assad’s wife Asma, in addition to other steps they have already taken against the nation. South Africa urges the EU to suspend the airline carbon scheme while the NY Times reports that the carbon plan could pay off for airlines. In response to the US move to lift financial sanctions on 11 countries who have significantly cut oil purchases from Iran, China slams the US’ position, calling it “misguided and selfish.” Columbian troops...
22.03.12 | |

28 Nov

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)...
28.11.05 | |

22 Nov

[Mona Ali Khalil is an internationally recognized public international lawyer with 25 years of UN and other experience dealing with the rule of law and international peace and security efforts including peacekeeping, sanctions, disarmament and counterterrorism.] In the face of a veto by any permanent member of the UN Security Council blocking enforcement action against the mass atrocities in Palestine, Myanmar, Syria and Yemen and elsewhere, is the international community helpless to help – failing to fulfill its responsibility to protect? Proponents of the use of force for purposes of...
22.11.18 | |

01 Apr

Kenya’s Supreme Court has upheld Uhuru Kenyatta’s election as president. Although there were some riots over the weekend and five were killed, the situation in Kenya is described as calm but tense. North Korea has described its nuclear weapons program as the nation’s life, and has vowed to continue it despite the international sanctions. South Korea, meanwhile, has vowed a swift response to any provocation by the North and the US has deployed more radar-evading fighter jets. French-supported Malian forces are fighting Tuareg rebels in the north of Mali after...
01.04.13 | |

03 Apr

Justice Holmes famously argued that “If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience.” Holmes was articulating the contractual concept of an efficient breach. If the costs of performance exceed the benefits to all the parties, a breach of contract is...
03.04.06 | |

20 Nov

...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...
20.11.08 | |

08 Jun

...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...
08.06.06 | |