Search: extraterritorial sanctions
04 Apr Equality and Non-Discrimination in International Arbitration: Recent Developments in the English Context
...appoint a more diverse tribunal? Such sanctions might risk gamesmanship by creative litigators, proving ammunition to challenge appointments or awards based on any deficits in the constitution of the tribunal. But in the absence of sanctions, what would be the point of adding an anti-discrimination provision? Finally, one may query whether this is an obligation which should solely be imposed on parties. What about the role, for instance, of appointing institutions or party-appointed arbitrators jointly selecting a chair? Conclusion While initiatives to increase diversity in arbitration should be welcomed, there...02 Apr Weekday News Wrap: Monday, April 2, 2012
...on Human Rights has accepted jurisdiction in the case brought against the United States by an Algerian man who has been detained at Guantanamo Bay without charges or trial for more than a decade. West African leaders have delivered an ultimatum to the military coup leaders in Mali asking them to leave power by Monday or face economic sanctions At the conference on Syria in Istanbul, the 83 members Friends of the Syrian People group has recognized the Syrian National Council as the legitimate representative of the Syrian opposition. The...14 Apr Baseball, Doping and International Law
...the Code have to accept the WADA List of Prohibited Substances and Methods . . . . The Code includes articles that are mandatory relating, for example, to sanctions and hearings. Other articles, such as those dealing with consequences to teams, leave some latitude to signatories. The important thing for international lawyers, however, was the fact that the Code was not binding under international law, since many of its signatories lacked the authority to create international legal obligations. At most, it reflected a so-called “soft-law” commitment of states whose governments...20 Nov The Prophetic Tradition of International Law and My Concerns About the Book’s Manichaeism
...two most distinctive features of Kelsen’s jurisprudence, namely: (1) that the nature of law is essentially tied to its use of sanctions, and (2) that the normative force of law was only explicable by reference to a non-natural transcendent fact, what Kelsen called the Grundnorm. Contra Kelsen (and Austin), Hart argued that linking law’s nature to the use of sanctions misrepresents law’s normativity; and on the second point, Hart offered an account of law and its apparent normativity in terms that were exclusively psychological and sociological–in terms of what legal...14 Dec Assange: Non-Citizenship Should Be Irrelevant to Possible Espionage Charges
...of the actor, the nature of the recipient(s), and the nature of the information. If the intent to harm a nation's security interests is present, I have trouble accepting an argument that potential criminal culpability should stop with the first non-citizen or non-government employee who receives (rather than extracts) and then further discloses a government's secrets. Of course, the biggest obstacle to prosecuting a violation of an extraterritorially applied domestic law is the lack of legitimate extraterritorial enforcement power. Merely having an applicable law on the books does not automatically...18 Jan Another Round on IHL and IHRL
...similar jurisprudence on the basis that the European Convention has a different scope of application provision than does the ICCPR. This is a reference to the old saw, also dismissed by the HR Committee, that the ICCPR has no extraterritorial application. But note that even if that were true, it would not be cause to deny complementarity between IHRL and IHL; it would only be cause to deny that a State has IHRL obligations when it, say, tortures people in wars on foreign lands, a position that, by the way,...29 Jul Military Commissions Moving Ahead
...Guantanamo are serving any of these purposes. To the extent they may be justified in this context at all, it is as the only forum in which it is possible to charge violations of the law of war – either because there is no relevant charging offense under federal criminal law, or because federal criminal law did not at the time extend to cover extraterritorial offenses. I suppose other justifications might be offered, and I’d be happy to have them. But I doubt the we-can’t-win-under-the-evidentiary-standards-in-Article-III-court rationale is one of them....