Search: extraterritorial sanctions
09 Sep Contemporary International Criminal Law After Critique Symposium: Accountability for the Unaccountable? Article 15 Communications Beyond the ICC
...their view of complicity to include the active support, tacit support, and deliberate silences and inaction of other states and political leaders. By engaging in this form of advocacy, the authors of communications might be able to leverage the stigma of international criminal law to influence public opinion and generate sanctions against illegitimate conduct. Extralegal sanctions can include protests, boycotts, and the reputational damage that arises from being named as a person who has allegedly committed an international crime. For politicians, who rely on public support for re-election, the consequences...28 Sep My Summer Vacation (Part III): Revisiting TWAIL in Paris
...as special adviser on public international law for the Prosecutor of the International Criminal Court. That court, as is well known, has issued indictments against high level officials of the government of Sudan, including its chief of state. The Security Council has, to date, ducked all pleas by the ICC Prosecutor to assist the Court in enforcing these indictments, even though the Council could easily do so under its Chapter VII authority, including its existing sanctions regime for the Sudan under Security Council Resolution 1591 (2005). What would TWAILERs’ advice...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...31 Oct Hariri Report Leads to Security Council Action
...involvement of any State in this terrorist act would constitute a serious violation by that State of its obligations to work to prevent and refrain from supporting terrorism.” As CNN summarized: Last-minute diplomatic haggling deleted a direct reference to the threat of sanctions on the Syrian government, but the effect of Monday’s resolution is the same. The resolution is under Chapter 7 of the U.N. Charter, which holds open the ultimate possibility of the Security Council considering the use of force with failure to comply. Russia and China simply would...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,”...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...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...14 Jun What do Appropriate Due Diligence Measures for Nonstate and Substate Partners Look Like? Part II: A Sample of US Practice in Iraq, Syria, and Afghanistan
...joint report, “Regulating Irregular Actors: Can Due Diligence Checks Mitigate the Risks of Working with Nonstate and Substate Forces?” The study explores due diligence and risk mitigation mechanisms in seven US partnerships with nonstate or substate armed groups in Afghanistan, Iraq, and Syria (from 2009 to the present), including provision of training, regular monitoring, establishing rules and standards, threatening or applying sanctions, and other mechanisms. There are a few important caveats to make up-front. Despite their legal-esque tenor, most of these measures were adopted by the US on a policy...20 Jan International Law as Behaviour Symposium: Epistemic Cooperation
...producing changes in state behavior. For example, states may not trust information produced by other states or international institutions. Epistemic institutions can take steps to increase the perceived legitimacy of information, but in some instances credible commitments may be more effective. Second, even with improved information, states may still lack an incentive to coordinate their behavior in the absence of the threat of sanctions. Certain public goods problems, like fisheries, raise this issue. Knowing what constitutes a sustainable fish catch does not by itself provide an incentive for a state...28 Sep Reforming Intelligence Oversight
...of a regime of classified information that is at once far too sweeping but, for precisely that reason, largely incapable of having the teeth necessary to keep secrets. It is a classification regime that serves as nip for the cat, and a marker of access rather than a lockbox for necessary secrets. A better system – not likely in our lifetimes, presumably – would be far less ability to classify things, including a classification system clearly tied to a range of sanctions from loss of job to prison. But the...