Search: extraterritorial sanctions
01 Apr Weekday News Wrap: Monday, April 1, 2013
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...21 Feb Is the Philippines Arbitration Claim Against China “Bizarre” and “Futile”?
...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...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...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...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...
31 Mar Upholding International Law as a Public Interest: Case T-482/25 Association of Jurists for Respect for International Law (JURDI) v Council and Commission
...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,...08 Jun The Laws of the World Cup
...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...25 Jan Goldsmith, ICC and Darfur
...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...
09 Nov Warfare to Lawfare under CERD: Armenia v. Azerbaijan and Azerbaijan v. Armenia
...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...19 May How to Sue Burma in the ICJ for Genocide
This IHT report documents horrific human rights abuses in Myanmar/Burma gathered by an Englishman who has been sneaking in Burma over the past five years. Of course, the real story here is that these abuses, if true, are going on. But the practical question: Is there any remedy for foreign governments, consistent with existing international law, to stop the abuses. (Note: The U.S. still has as many sanctions on Burma as I believe is possible. But I don’t think China is nearly as scrupulous). Well, I suppose Kosovo and maybe...