Search: extraterritorial sanctions
18 Apr Stay in Your Lane! When Political Scientists Become Bad International Lawyers
...dispute between China and the Philippines? And why exactly wouldn’t this cause a trade war with China and why wouldn’t it violate the WTO Agreement? And when exactly did the International Court of Justice get involved given that China has not consented to that court’s compulsory jurisdiction? Not only is this not a plausible mechanism for sanctions against China (the world’s second largest economy), but it is not a plausible mechanism for sanctions against almost any country in the world. It has never been done before outside of the trade...21 Mar Using Trade Remedies to Enforce Arbitration Awards
...a matter of intense bilateral concern. When President Barack Obama and Argentine President Christine Fernandez met for the first time in November 2011, the two heads of state spent the majority of their time discussing Argentina’s obligation to pay the arbitration awards, and the consequences that would flow from its failure to do so. The United States is clearly calculating that such trade sanctions will alter Argentina’s cost-benefit analysis. Buenos Aires is set to pay approximately $18 million annually in increased duties as a result of the GSP suspension, far...29 Sep My Summer Vacation (Part IV): Misadventures in Subjecthood
...the IAEA refused to recognize in 1982 the credentials of Israeli delegates in the aftermath of the raid on the Osiraq reactor; Myanmar was deprived of ILO technical cooperation in 1999 as a result of its practice of forced labor; the OAS suspended Cuba from membership in 1962; Egypt was suspended from the Organization from the Islamic Conference in 1979. (These examples are cited as the kind of countermeasures anticipated by the ILC’s articles by Frédéric Dopagne, “Sanctions and Countermeasures by International Organizations: diverging Lessons for the Idea of Autonomy,”...14 Jun What do Appropriate Due Diligence Measures for Nonstate and Substate Partners Look Like? Part I: Outlining Partnership Patterns and the Legal Debate
...what might satisfy this due diligence obligation. Dormann and Serralvo offer examples of states enforcing sanctions against other states not in compliance (an approach that might also arguably be applied to nonstate actors), or the panoply of regulations and restrictions attached to arms export. Domestic and international frameworks governing arms export, trade, and assistance tend to be at least partly motivated by the responsibilities invoked under Common article 1 as well as other treaty obligations to prevent weapons transfers that might contribute to serious violations of IHL or human rights...
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...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...
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...