Search: extraterritorial sanctions
27 Mar Posner and Sykes Book Symposium: Comments by Steve Charnovitz
...term (p. 282). The books states that sanctions are measured by “substantially equivalent” trade concessions (p. 283), but does not explain where the term “substantially” comes from as it is not a term from the treaty or the jurisprudence. In addition, the book posits that the WTO dispute system provides gap fillers for an incomplete bargain that approximate what WTO members would have negotiated had they been able to address the contingency in the treaty text (p. 284). But the book fails to note that the WTO judges do not...
14 Jun Options for a Peace Settlement in Ukraine: Option Paper VII – Multilevel Peace Agreement Design: Dealing with Geopolitical Support
...Resettlement of displaced people. As issues of return affect not just Ukraine and Russia, but the international organisations who manage issues of resettlement and return, and the third-party host states, this is an issue that is likely to require some level of geopolitical agreement. Sanctions relief, reconstruction and international financial support. These all require geopolitical agreement between those involved in imposing sanctions, and will need to be linked to whatever settlement is agreed between Russia and Ukraine. Regional stability framework. Any wider regional stability framework that would attempt to include...20 Nov The Prophetic Tradition of International Law and My Concerns About the Book’s Manichaeism
...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...28 Nov Gareth Evans on the “Dogs that Don’t Bark”: Are regional and international peacekeeping efforts reducing the incidence of war?
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)...
16 Dec Gaza, Genocide, and the UN General Assembly (Part 1)
...and legitimise UNGA actions. Part 2 asks what action the UNGA should take in light of this report. Specifically, whether the UNGA has the legal authority and should recommend UN Member States to issue sanctions against Israel until it fully complies with the ceasefire agreement, and whether states following those recommendations can do so legally. Independent Commission of Inquiry Report 2025 The Independent International Commission of Inquiry on the occupied Palestinian territory, including East Jerusalem, and Israel (“the Commission”) was established on 27 May 2021 by the Human Rights Council....26 Jan Weekly News Wrap: Monday, January 26, 2015
...a recent Senate report. A group calling itself “Official Cyber Caliphate” said it hacked the official website of national carrier Malaysia Airlines, but the airline said its data servers remained intact and passenger bookings were not affected. North Korea on Friday demanded the lifting of sanctions, imposed by South Korea after a 2010 attack on one of its naval vessels, as a condition for resuming dialogue. Europe Spain will start talks with the United States about further increasing the number of U.S. troops at an air base in the south...03 Apr Efficient Breach of An Agreement to Publish?
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...