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Search: extraterritorial sanctions

11 Mar

...that is all about political commitment and then verified compliance by all sides with their commitments. I don't think the legal character of the agreement will have any bearing on how well it is implemented. That will depend solely on the political will of all parties. I'm far more concerned about the US not abiding by its commitments relating to sanctions than I am about Iran abiding by its commitments to freeze its nuclear program and agree to an additional protocol with the IAEA. William Worster Setting aside the many,...
11.03.15 | |

17 Nov

...conduct of trial"). Concerning your last phrase: It is my understanding that the power to impose penal sanctions for the crimes defined in the statute is distinct from the question of power to sanction contempt of court: In-compliance with the rules of procedure (e.g. contempt of court) is neither a criminal offense nor an infraction (which are material law). Fine or detention penalties for such conduct are sui-generis sanctions of procedural law (at least in continental law). As procedural jurisdiction powers are explicitly assigned through Art. 15, the power to...
17.11.11 | |

21 Feb

...and land of Palestinians (creating 'facts on the ground' that make the likelihood of a two-state solution ever more remote), away from its divide-and-conquer strategy with the Palestinians, including a blatant refusal to recognize the results of the (democratic) 2006 elections for the Palestinian Legislative Council (indeed, Israel, the US and the European Union responded with economic sanctions: Arabs aren't worthy of democracy...hmmm), away from the lingering consequences of ethnic cleansing and the Nakbah, away from Israel's considerable nuclear weapons arsenal and refusal to sign onto the Nuclear Non-Proliferation Treaty...
21.02.11 | |

08 May

Kyla4u Quote: "But other governments have a reciprocal incentive to sign on: we report on offshoring that’s hurting you, you help us out with offshoring that hurting us." Reciprocal reporting has very little to do with the incentive to sign onto FATCA. The incentive for signing an IGA has a lot more to do with the 30% sanctions imposed by the US on all US payments to any FFI who does not comply with FATCA. By signing an IGA, foreign governments greatly reduce the risk of having 30% sanctions applied...
08.05.14 | |

31 Jan

...mean for us lawyers? It means that the Security Council and the US/EU should back off of their increasing use of economic sanctions - a tool that also has alot of literature on it, all saying that in a case like Iran's nuclear program, economic sanctions are not going to cause the desired change in target state behavior (let me know if you want cites on this). It means that we should seek for creative legal/political means to allow Iran to continue its uranium enrichment program, while giving the West...
31.01.12 | |

27 Feb

CM Kevin, I agree that the brief should have been accepted in the interests of justice. However, I also think that sanctions should be imposed on any counsel - prosecution or defence - who knowingly disobeys a scheduling order without good cause. I'm sure that counsel in this instance would argue that there was good cause; however, such behaviour by an experienced lawyer sets a dangerous precedent which, without proper investigation and the application of sanctions if deemed appropriate, may encourage lawyers / self-represented accused in other cases to manipulate...
27.02.11 | |

14 Apr

...American nations, tribes, and peoples) -- e.g., http://ssrn.com/abstract=1484842 And, of course, there is the problem posed by federal preemption. Hostage Re: Of course, states are expressly bound under the Supremacy clause re: “all” treaties of the United States" ... Another interesting conumdrum is the interplay between the foreign commerce clause, the treaty obligation to accept decisions of the UN Security Council on sanctions, and individual state determinations which prohibit investment of their own pension funds & etc. in businesses doing commerce with countries that the Executive branch has placed on...
14.04.15 | |

21 Jan

...Convention] and shall bring such persons, regardless of their nationality, before its own courts” for “effective penal sanctions” or, “if it prefers, ... hand such persons over for trial to another High Contracting Party.” The obligation is absolute and applies with respect to alleged perpetrators of any status. As a party to the Geneva Conventions, the United States must either initiate prosecution or extradite to another state or, today, render an accused to the International Criminal Court. “Grave breaches” of the Convention include “torture or inhuman treatment” and transfer of...
21.01.09 | |

08 Nov

Marty Lederman Thanks, Bill. Two quibbles: First, and most importantly, the Convention in Missouri v. Holland did *not* create "close seasons." If it had done so, then it would have imposed a legal obligation on Missouri hunters of its own accord, albeit one without any criminal or other sanctions attached. Paul's argument on Tuesday was that that was what the Migratory Bird Convention did, in fact -- which he said makes it distinguishable from the CWC, which does not impose any obligation on Carol Anne Bond. (As I wrote in...
08.11.13 | |

25 May

...me suggest two other controversial legal arguments and ask you whether you think they too should be subject to criminal or ethical sanctions.The bombing of Serbia without UN Security Council authorization is NOT a violation of the UN Charter. Abortion is a fundamental individual right protected by the due process clause of the 14th Amendment. In both cases, there are difficult arguments on both sides. Would it really advance our credibility as a profession (lawyers) to seek prosecution and/or disciplinary sanctions for lawyers who made arguments in favor of these...
25.05.05 | |

27 Feb

...use of their jurisdictions as safe havens - ICARA/IKPA deal with abductions out of the US but not to it, I think this is a fundamental weakness in the current HC aproach of dealing with the issue after the child has been taken - imposing sanctions on a parent who abducts to your jurisdiction may be a better way of preventing an abduction to begin with rather than the current cat-and-mouse game with an abducting parent simply hiding until a child is settled in the new environment; 2. Sanctions against...
27.02.07 | |

02 Oct

...Supreme Court has recognized over the years (in 20 cases) that corporations and companies can have duties and rights under treaty-based and customary international law. http://ssrn.com/abstract=1701992 There have always been a number of non-state actors with formal participatory roles and international law has, therefore, never been merely state-to-state. Sanctions against corporations and companies have normally been economic in nature. Better awareness of the roles of various non-state actors in the 18th, 19th, and 20th centuries should be helpful with respect to future efforts to assure normative compliance and effective sanctions....
02.10.13 | |