Search: extraterritorial sanctions
29 Mar Symposium: Kanwar Reply to Murphy
...reader should read to follow the pagination of points made by Professor Murphy. I have also posted the longer version at SSRN to amplify some of the points I hope to make eventually, and it is possible that some of the ways I develop these ideas address some of Professor Murphy’s suggestions. On the finer points (Questions on Legal Characterization): In light of Security Council Resolution 687 (Iraq 1991), how can I claim Chapter VII sanctions have never been applied to a non-proliferation crisis (p. 21)? I will concede on...
04 Apr Equality and Non-Discrimination in International Arbitration: Recent Developments in the English Context
...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...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...10 Jun Dear Secretary Tillerson (and the World Media): Qatar is NOT Under a “Blockade”
...are simply preventing anyone in their territories from traveling to or trading with Qatar. A blockade would mean that the Gulf nations actually used military force to interdict all shipping and flights into Qatar by any nation and through international waters. Israel has essentially established such a blockade of the Gaza Strip, but that has not happened to Qatar (yet). Until that happens, there is no blockade. Why is it so shocking that Secretary Tillerson did not recognize this legal distinction? Because the U.S. frequently engages in economic sanctions of...
06 Sep The Occupation is Illegal. Now What?
...for example, the EU progressively imposed measures against Russia, including asset freezes and visa bans targeted on certain individuals, in addition to diplomatic, sectoral and economic sanctions, and the suspension of Russia from the G8. These organizations can use General Assembly resolutions as a springboard. Individual Action While cooperation is encouraged, states have an individual obligation to bring the breach to an end. As the ICJ mentioned in the Bosnia v. Serbia case, if all states acted individually “the combined efforts of several States, each complying with its obligation to...
26 Jan Much Ado About Nothing
...that’s been our national policy by and large for the past 10 or 15 years,” which is incorrect to say the least. One example might suffice: the Obama administration reacted to the 2016 interference by Russia with economic sanctions, the expulsion of Russian diplomats and conducted covert cyber-operations against Russia. The problem is not a political but a legal one. In that occasion the US government could only commit to retorsions as countermeasures (acts normally illegal but justified if used to bring another State to compliance with international law) were...03 Mar The Crimea, Compliance, and the Constraint of International Law
...economic and diplomatic sanctions. International law frames certain expectations of behavior; international institutions such as the G8, the UN, the WTO, the World Bank and the IMF provide options for enforcing those expectations. And, no, this is not automatic, such sanctions are still dependent on the political will of states. But it is international law that contextualizes and frames that political will and gives a means of persuading other states to coordinate such responses due to a language that goes beyond immediate geopolitical self-interest and gives many states a stake...28 Feb Brazil and the War in Ukraine: Between Apology and Utopia
...five, demands that Russia “immediately, completely and unconditionally withdraw all of its military forces from the territory of Ukraine within its internationally recognized borders”, calling for a cessation of hostilities. At the same time, Lula has emphatically refused to send weapons in support of Ukraine’s war effort or join into Western sanctions against Russia. In fact, before assuming the Presidency, Lula severely criticised Western sanctions, calling it a blockade: “those who are dying are not those who are in war”, he said. In reality, the “blockade” was “not harming Russians...