Search: extraterritorial sanctions

...economic and diplomatic sanctions. International law frames certain expectations of behavior; international institutions such as the G8, the UN, the WTO, the World Bank and the IMF provide options for enforcing those expectations. And, no, this is not automatic, such sanctions are still dependent on the political will of states. But it is international law that contextualizes and frames that political will and gives a means of persuading other states to coordinate such responses due to a language that goes beyond immediate geopolitical self-interest and gives many states a stake...

...that’s been our national policy by and large for the past 10 or 15 years,” which is incorrect to say the least. One example might suffice: the Obama administration reacted to the 2016 interference by Russia with economic sanctions, the expulsion of Russian diplomats and conducted covert cyber-operations against Russia. The problem is not a political but a legal one. In that occasion the US government could only commit to retorsions as countermeasures (acts normally illegal but justified if used to bring another State to compliance with international law) were...

...month of Ramadan on July 17, to allow for deliveries of humanitarian aid. Iran and world powers made progress on future sanctions relief for Iran in marathon nuclear talks on Saturday, but remained divided on issues such as lifting United Nations sanctions and the development of advanced centrifuges. Asia The Philippines will start on Tuesday its legal battle against China’s territorial claims before the Permanent Court of Arbitration in The Hague. The Philippine navy recently found a large steel marker bearing Chinese inscriptions and hundreds of yellow buoys in waters...

...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...

...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...

...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...

...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...

...criminal sanctions and thus do not trigger ne bis in idem concerns. However, the information they uncover can lead to subsequent prosecutions, raising questions about the interplay between truth-seeking and legal finality. Nuridzhanian’s framework suggests that while truth commissions operate outside the traditional judicial sphere, their findings must be carefully managed to respect the ne bis in idem principle when transitioning to formal prosecutions. Similarly, customary conflict resolution mechanisms, often rooted in local traditions, may resolve disputes and impose sanctions within communities. The recognition of these resolutions by formal legal...

...the country. In Syria-related sanctions, the EU aims to put a travel and shopping ban on President al-Assad’s wife Asma, in addition to other steps they have already taken against the nation. South Africa urges the EU to suspend the airline carbon scheme while the NY Times reports that the carbon plan could pay off for airlines. In response to the US move to lift financial sanctions on 11 countries who have significantly cut oil purchases from Iran, China slams the US’ position, calling it “misguided and selfish.” Columbian troops...

[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...

...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...

...exact mechanism do my experimental results support? Eric Posner’s post begins with a provocative question: Does evidence of policy diffusion imply that “international law is weaker than generally recognized”? More specifically, does the fact that states mimic one another inflate our estimates of how influential international law is? I don’t think so. However, diffusion studies suggest that international law might exert its influence through somewhat different pathways than we often emphasize. Individuals comply with domestic laws for a variety of reasons – some are deterred by the possibility of sanctions,...