Search: extraterritorial sanctions

...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...

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)...

...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...

...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...

...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...

...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...

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...

...of Russia’s aggression and the demand that Russia abide by its humanitarian law obligations. Despite international denunciation of Russia’s aggression and a barrage of EU and U.S. sanctions, 57% of Russians blamed NATO for the death and destruction in Ukraine, 17% blamed Ukraine itself, and only 7% blamed Russia, according to Levada. Levada also found Putin’s approval rating rose from 61% in August 2021 to 83% in March 2022. That Russian public opinion is so much at odds with the way much of the rest of the world views the...

...that an action on the basis of the procedure under Art. 265 TFEU was brought against the EU institutions for their inaction concerning Israel’s breaches of international law in the OPT. According to the applicant, the EU institutions unlawfully failed to act following its letter of 12 May 2025 in which the association requested: a) the suspension of the EU-Israel Association Agreement; b) the adoption of sanctions under Art. 29 TEU; c) a formal review of all co-operation activities with Israel; and d) the adoption of a clear public position,...

...efforts to bring about significant improvements in the conditions in Sudan through sanctions against the Government of Sudan and high level diplomatic engagement and by supporting the deployment of peacekeepers in Darfur. This Act purports to authorize State and local governments to divest from companies doing business in named sectors in Sudan and thus risks being interpreted as insulating from Federal oversight State and local divestment actions that could interfere with implementation of national foreign policy. However, as the Constitution vests the exclusive authority to conduct foreign relations with the...

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...

...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...