Search: extraterritorial sanctions

...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...

...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...

...sense, this Court has rendered tenuous its ability to positively educate and influence the future of intellectual and academic discourse,” she added. The full text of the Sereno dissent can be found here: http://sc.judiciary.gov.ph/jurisprudence/2010/october2010/10-7-17-SC_sereno.htm 8. On Monday, October 18, 2010, various Philippine national media carried the news that the Philippine Supreme Court had deliberated and decided to hold the UP Law Faculty in contempt for its Statement. Seehttp://newsinfo.inquirer.net/inquirerheadlines/nation/view/20101020-298693/UP-Law-faces-sanction-over-SC-plagiarism-case andhttp://www.gmanews.tv/story/203873/up-law-risks-sanctions-for-statements-on-plagiarism-mess , among others. 9. Copies of the Court’s seven-page Order were finally seen several hours ago. As will be seen from...

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)...

...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....

...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...

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...

...while in reality none was found. On the other hand, a Byelorussian oppositionist and his girlfriend, who were among the passengers, got detained during the ‘security operation’. The whole affair turned into a diplomatic scandal, accusations of Belarus breaching international air laws, the suspension of flights through the Belarusian airspace linked with the suspension of operating permits for Belorussian national carrier Belavia as well as economic and person-targeted sanctions. Was the diversion of the Ryanair plane by the Belarusian army in accordance with international law? The paramount question surrounding the...

...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...

...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...

...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...