Search: extraterritorial sanctions
14 Apr Baseball, Doping and International Law
...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...02 Apr Weekday News Wrap: Monday, April 2, 2012
...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...
01 Aug The Erosion of Authority: The IAEA, Preemptive Attacks, and the Nuclear Dilemma in a Fragmented World
...an attack could trigger catastrophic radioactive releases requiring mass evacuations across hundreds of kilometers, potentially affecting neighboring countries. The IAEA’s Diplomatic Approach to Non-Compliance: A Pathway to Resolution The IAEA follows a clear escalation process when countries violate nuclear agreements. IAEA inspectors first identify violations and report them to the Director General, who presents findings to the 35-member Board of Governors. The Board initially asks the violating country to fix the problem. If diplomacy fails, the IAEA refers the case to the UN Security Council for potential sanctions. This process...28 Sep My Summer Vacation (Part III): Revisiting TWAIL in Paris
...as special adviser on public international law for the Prosecutor of the International Criminal Court. That court, as is well known, has issued indictments against high level officials of the government of Sudan, including its chief of state. The Security Council has, to date, ducked all pleas by the ICC Prosecutor to assist the Court in enforcing these indictments, even though the Council could easily do so under its Chapter VII authority, including its existing sanctions regime for the Sudan under Security Council Resolution 1591 (2005). What would TWAILERs’ advice...17 Nov Weekly News Wrap: Monday, November 17, 2014
...added he was concerned about the threat of ethnic cleansing. German Economy Minister Sigmar Gabriel said on Sunday he does not believe tighter sanctions against Russia will help resolve the Ukraine crisis even though Chancellor Angela Merkel said on Saturday the European Union is considering further sanctions. Sweden has confirmed that a small foreign submarine illegally entered its waters last month, though it was still unclear which country was behind the intrusion, officials have said. The British prime minister has outlined plans to seize passports from British nationals linked to...28 Jan Torts over Torture
...coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. The US Torture Statute (18 USC 2340) is similar: “torture” means an act committed by a person acting under the color of law specifically intended to...
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...21 Feb Is the Philippines Arbitration Claim Against China “Bizarre” and “Futile”?
...far is refuse to appoint an arbitrator. Second, as any private international commercial arbitrator could tell you, consent to an arbitration does not in any way guarantee enforcement. Indeed, in private commercial arbitrations, judicial enforcement proceedings are common and necessary to force parties to comply with arbitral awards. To put this another way, if China had participated in the arbitration by appointing an arbitrator, I don’t think it would have affected its likelihood of complying with any arbitral award. UNCLOS does not have any sanctions regime akin to, say the...