Search: extraterritorial sanctions
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...19 Jul International Gun Control Efforts?
...is just a tool? Tools may be designed badly or used improperly, but there is no immorality in a tool, just in their improper use. Despite the fact we have numerous laws and traditions in the US to control the improper use of automobiles, there are about 50 thousand deaths a year. Should this unavoidable result be an excuse to ban the automobile? Sanctions against tools merely increase their costs. Given that transportation is easy and quick, nothing will keep tools out of a country where there is the money...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...08 Nov Guest Post: Self-Executing Treaties, Criminal Law, and Bond v. United States
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...14 Apr The States Continue to Exist in Foreign Affairs: Implementing Treaties
...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...09 May The U.S. is Number One — in Imprisonment Rates
...in recent years’ should take cognizance of the fact ‘expanding punishment resources will have more effect on cases of marginal seriousness rather than those that provoke the greatest degree of citizen fear. The result is that when fear of lethal violence is translated into a general campaign against crime, the major share of extra resources will directed at nonviolent behavior.’ [….] [C]rime crackdowns have their most dramatic impact on less serious offenses that are close to the margin between incarceration and more lenient penal sanctions. The pattern of nonviolent offenses...29 Jul Cyber-Territoriality
...the Joint Chiefs of Staff, is quoted as saying: “How do you understand sovereignty in the cyberdomain? It doesn’t tend to pay a lot of attention to geographic boundaries.” Putting aside what may be the fundamental territorial misunderstanding in the quote, I wonder what the evolution of territoriality suggests with regard to this national security initiative. Kal’s book details the various extraterritorial options. Conquering and controlling “cyberterritories” is obviously out of the question. But assuming soverign borders are still operative in this context, Kal’s book suggests several other options. Will...
01 Oct Unlocking the Road to Justice in Syria
...of documentation cannot be overestimated. As part of the efforts to resist denialism, dedicated documentation efforts have foregrounded the experiences of victims/survivors, kept their narratives alive, and provided a wealth of evidence to push back against misinformation and revisionism. Second, and related to this, documentation has also laid the basis of the most remarkable and internationally discussed developments, namely criminal litigation efforts that opened a crack in the wall of impunity. Multiple prosecutorial initiatives under the principle of universal jurisdiction – as well as other forms of extraterritorial jurisdiction –...