Search: extraterritorial sanctions
17 Nov Hell Hath No Fury Like a Tribunal Scorned (Updated)
...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...21 Feb Misrepresenting Al-Haq’s Position on Palestinian Rocket Attacks
...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...08 May Are Sole Executive Agreements Next on the Roberts Court Chopping Block?
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...31 Jan What if Nuclear Proliferation Reduces the Incidence of War?
...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...24 Apr Kiobel Insta-Symposium: A More Positive Outlook for International Law
...consensus, rather than unilateral means. Unilateral extraterritorial regulation of the foreign-cubed variety, where one state purports to dictate conduct in another state’s territory, is in tension with international norms and basic principles of democracy. It’s also a perspective that believes human rights become universal not through some sort of predetermined inevitability, but only through careful building of alliances and legitimacy between different groups joined in purpose. The concern therefore should not be that U.S. courts will become the world’s courts. Rather it’s that any court, in any nation, can assert...24 Jul Postnational Justice: Honduras Looks to Outsource Appeals to Mauritius (and London)
From the Guardian, an account that even an academic would have a hard time making up: Honduras may allow for extraterritorial appeals in some number of jurisdictions, amounting to “semi-independent city-states,” established to improve investment appeal: The complex constitutional agreement under discussion involves Mauritius – an island 10,000 miles away in the Indian Ocean – guaranteeing the legal framework of the courts in the development zones, known locally as La Región Especial de Desarrollo (RED). Mauritius, a member of the Commonwealth, still uses the privy council in Westminster as a...14 Nov FBI Concludes that Blackwater Shootings Violated Deadly Force Rules
...see an Iraqi prosecution after all since the Blackwater employees’ immunity wasn’t really all that broad. Alternatively, there are U.S. criminal statutes that might reach their activity in Iraq, but the most obvious candidate: the War Crimes Act, doesn’t seem to apply here, since these crimes don’t seem to rise to that level. The Military Extraterritorial Jurisdiction Act may or may not apply, but that also looks murky since these were State Department contractors, not Pentagon ones. So I actually think, offhand, that the Blackwater employees face a greater danger...07 Sep Protection of Civilians Symposium: Some Thoughts on Legal Obligations for UN Peacekeeping Operations to Protect Civilians
...of the UN and those of the troop contributing states (TCC). Siobhan states that according to a number of courts, human rights violations of a UN Peacekeeping force may be attributable to the TCC, and possibly to both the UN and the contributing state. In discussing this issue, she focuses primarily on the exercise of (extraterritorial) jurisdiction, rather than on attribution issues. The attribution question is however highly interesting. Siobhan refers inter alia to the Nuhanovic and Mustafic cases. In these cases, the Dutch Supreme Court held that in the...11 Jun Liberian Truth and Reconciliation Commission Comes to the United States
For the first time, a truth and reconciliation commission has picked up stakes and moved to a foreign country to take public testimony: The Liberian Truth and Reconciliation Commission began its first extraterritorial session in St. Paul Minnesota this week. The Star Tribune has the full story here. One remarkable aspect of the story is the size of the Liberian expat community in the twin cities, and what it says about how the international becomes local — and vice versa: Minnesota is home to about 30,000 Liberians. It is one...