Search: extraterritorial sanctions
06 Sep Once Again: Drone Killings and International Law
...actors (BVerfG, 2 BvE 2/16, paras. 50–51). At any rate, such extraterritorial operations may constitute a violation of the sovereignty of the State of sojourn. If this State – for example, Afghanistan (now represented by the Taliban) – did not consent to such an attack, the strike would constitute a violation of the principle of non-intervention derived from the principle of the sovereign equality of States (Article 2(1) UN Charter) (cf. ICJ, Nicaragua Judg. 1986, para. 202); it could also amount to a violation of the prohibition of the use...20 May A Truly Bizarre Invocation of the “Unwilling or Unable” Test
...region. See generally Ashley S. Deeks, “Unable or Unwilling”: Toward a Normative Framework for Extraterritorial Self-Defense, 52 Va. J. Int’l Law 483 (2012) (discussing the development and limitations of the unable and unwilling test); Essentially, the US is claiming that the invasion of Venezuela was legitimate self-defence because at the time of the invasion the government of Venezuela was led by Edmundo Gonzalez Urrutia, not Nicolas Maduro, and Gonzalez was unable to prevent Maduro from using Venezuelan territory to launch armed attacks against the US. A more bizarre invocation of...11 Jul A Canal Runs Through It
...the plaintiffs. But the court isn’t buying it. It finds that the National Environmental Protection Act (NEPA) doesn’t protect foreign harms, including Mexican seepage wetlands just south of the border. Statutes don’t normally have extraterritorial application and there’s nothing in NEPA to suggest Congress wanted to protect these foreign environmental harms. Okay, that argument didn’t hold water, so the plaintiffs try for trans-boundary harm. Harms in Mexico will have trans-boundary harms in the United States. Like what? Well, the loss of seepage in Mexico will reduce crop importation to the...
11 Oct Rethinking International Law After Gaza Symposium: Trade, Resistance and International Law – Responding to Atrocities
...world states violate human rights, rule-of-law-abiding weapons manufacturers in the first world respond to the conscience of humanity by adhering to their extraterritorial human rights obligations (see, EU Criterion Two). However, when benevolent and civilised states commit atrocities, these actions are often dismissed as the unfortunate consequences of war. The suspension of arms trade is not even considered until the scale of the atrocities becomes too significant to ignore. When it’s raining bombs, trade becomes a passive factor against carnages and barbarisms of weapon-yielding entities, states or non-state entities or...
05 Sep Iran’s Threat of Retaliation
...international efforts focus primarily on preventing the effects of such threats, rather than on addressing the threats themselves or sanctioning them. There may be an implicit understanding that deviates from the stricter conclusions of the Nuclear Weapons Advisory Opinion. Specifically, the threat of force in response to the extrajudicial and extraterritorial killing of a high-ranking individual within domestic settings (even if they are considered leaders of terrorist organizations, such as Hamas, which is designated as a terrorist organization by the US and the EU) might be viewed as a proportionate...
09 Nov Israel’s War in Gaza is Not a Valid Act of Self-defence in International Law
...aggression by Germany and Japan. Israel’s obligations in the law of occupation and international human rights law (applicable extraterritorially), which govern how it exercises its military authority in the Gaza Strip and the West Bank, oblige it to secure public order and protect human rights. However, even if these obligations, especially those in occupation law (specifically, Article 43 of the Hague Regulations, part of occupation law) can be understood as a general matter to encompass an obligation to use force in occupied territory to neutralize threats emanating from there to...05 Jun Targeted Killings Symposium: John C. Dehn on Richard Meyer and Col. Maxwell on Status-Based Targeting
...application) international law that attempts to delineate the circumstances under which terrorist violence might become “hostilities” in a NIAC. Meyer senses this problem, classifies it as a “jus ad bellum” issue, but then characterizes it as a “collective political decision” rather than a legal issue (effectively extracting most of the jus from the jus ad bellum). The decision to attack an extraterritorial non-state organized armed group is probably a political question under the framework of the U.S. Constitution, but is not so from the perspective of international humanitarian and human...17 Aug Weekend Roundup: August 10-16, 2013
...the recently released fifth report from the UN Secretary General on R2P and highlighted several interesting topics that are strangely missing, including discussion about Libya, military intervention or the Security Council, extraterritorial obligations of states, the ICC and new technology. Duncan called our attention to a novel agreement between the US and Germany not to spy on one another and asked wondered how it would work in practice. In our Emerging Voices series, Žygimantas Juška spoke about the role of standby counsel based on his experience at the ICTY on...
23 Jun Revisiting International Cooperation on Illicit Trafficking by Sea: Indonesia and the Final Voyage of the M/V Wise Honest (Part I)
...as M/V Wise Honest’s flag state, would likely never have authorised foreign interdiction and equally, in such cases, never diverted the M/V Wise Honest to an appropriate port for inspection as then required (Res 2375, para. 8). Clearly, designation of the M/V Wise Honest by the UN Sanctions Committee and publication of DPRK’s noncompliance (Res 2375, paras. 8-9) would have been a more palatable result for DPRK than risking the loss of a cargo vessel at a time when all states are to prevent the transfer of new or used...