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Search: extraterritorial sanctions

19 Nov

...different ways. First, the UN Security Council (UNSC) may take action under its Chapter VII powers to supply relief itself, impose sanctions against the offending actors, or intervene militarily. Second, private aid organizations, foreign states, and international organizations likely may continue to provide assistance regardless of the sovereign’s disapproval with appropriate legal justification. Third, criminal charges may be filed against the individual(s) responsible for disrupting aid if doing so rises to the level of a war crime or a crime against humanity. Finally, another state may sue the offending state...
19.11.20 | |

07 Jun

...fled to Tunisia. This defection is a big deal. Ghanem had been at OPEC when Libya was under economic sanctions, and his return to Libya as prime minister and head of the ruling party in 2003 was intended to signal Muammar Qaddafi’s return to respectability in the international community. Ghanem became the face of the reformed Libya, which had given up its dabbling in chemical and other weapons and was willing to privatize its state sector industries and do big deals with Western oil companies. He staunchly defended Qaddafi, going...
07.06.11 | |

20 Nov

[Piet Eeckhout is a Professor at University College London and a leading authority in EU Law and international economic law. He notes that he has been involved in the Kadi litigation on the side of Sheikh Kadi.] Devika Hovell’s paper is an excellent attempt at conceptualising the relationship between the domestic judge and the UN Security Council (UNSC). That relationship has come about as a consequence of the UNSC’s smart sanctions policies, which intrude in the daily lives of those which are subject to them. Most of the significant case...
20.11.13 | |

22 Nov

[Mona Ali Khalil is an internationally recognized public international lawyer with 25 years of UN and other experience dealing with the rule of law and international peace and security efforts including peacekeeping, sanctions, disarmament and counterterrorism.] In the face of a veto by any permanent member of the UN Security Council blocking enforcement action against the mass atrocities in Palestine, Myanmar, Syria and Yemen and elsewhere, is the international community helpless to help – failing to fulfill its responsibility to protect? Proponents of the use of force for purposes of...
22.11.18 | |

29 Mar

...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...
29.03.07 | |

17 Oct

South Sudan’s Parliament has ratified a border and oil deal with Sudan, which includes a demilitarized zone between the two states. The EU has placed new sanctions on Iranian oil, gas and tanker companies, the effects of which Iran calls futile. In related news, A NYTimes article describes the impact of European sanctions on Iran’s ability to keep the money printing presses going. Invoking humanitarian reasons, the UK government has blocked the extradition of Gary McKinnon to the United States where he is wanted for hacking into military computers in...
17.10.12 | |

14 Jun

...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...
14.06.21 | |

21 Jun

...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...
21.06.21 | |

21 Mar

...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...
21.03.14 | |

29 Sep

...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,”...
29.09.10 | |

18 Apr

...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...
18.04.16 | |

14 Jun

...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...
14.06.21 | |