Search: extraterritorial sanctions
20 Apr Responses on Non-American Views of the ATS, and Marko Milanovic’s Response to Eric Posner
...supported by international law. It is whether Congress had the jurisdiction to prescribe a municipal law imposing for extraterritorial conduct. That answer is, in most cases, no. ATS cases have wrongly focused solely on personal jurisdiction though the real limiting issue in ATS litigation should be one of subject matter jurisdiction. International law treatises of the U.S. founding era recognized very few bases for asserting extraterritorial legislative jurisdiction. Though that list has expanded, it is not unlimited. It is highly doubtful that Congress ever intended the ATS to govern extraterritorial...19 Nov Forty Lashes and a Wedding
sanctions. Lawful sanctions include judicially imposed sanctions and other enforcement actions authorized by law, including the death penalty, but do not include sanctions that defeat the object and purpose of the Convention Against Torture to prohibit torture. This interpretation is in keeping with how the “lawful sanctions” clause has been interpreted by the UN treaty body charged with monitoring application of the Convention against Torture. For example, after expressing concern about “[t]he nature of some criminal sanctions, in particular flogging and amputation” in reviewing the periodic report of Yemen in...
06 Dec Questioning the Coherence of an Extraterritorial Legal Obligation to Prevent Genocide and Crimes Against Humanity
for example. But even with such principles in hand, states would still need to exercise practical judgment. It is hard to conceive how such judgment could be made subject to law. Some powerful states with substantial capacity to contribute to extraterritorial protection efforts have expressed discomfort the ILC’s framing of the extraterritorial obligation to prevent crimes against humanity for similar reasons. In 2019, the United Kingdom called for more detail on what the obligation actually requires, worrying that, if it is indeed akin to the broad duty established in the...05 Dec A Response to Milanovic
(such as the Geneva, Genocide, and Torture Conventions, as well as customary international law) or through the operation of domestic law and established policy. And the model’s calibration of extraterritorial obligations in terms of a state’s actual capacity to honor them offers significant promise. It offers a fresh theoretical framework for thinking about extraterritorial application of human rights treaties that is logical and pragmatic, that finds meaningful support in the ICCPR’s language, history, and subsequent state practice, and that could help alleviate the United States’ isolation on the extraterritorial application...22 Jan Does President Obama Need Congress’s Approval to Sign a Nuclear Deal with Iran? Can Congress Force Him to Get Their Approval?
there is the same kind of Article II tradition in this area. The closest analogy I can come up with off the top of my head is the normalization of relations with China in 1979, which lifted sanctions, but did not involve a comprehensive Article II treaty. On the other hand, the sanctions regime for Iran is enormously complex and much more extensive than the pre-1979 China sanctions. Many of the Iran sanctions may not be waiveable by the President, and the new sanctions bill will certainly make most of...20 Sep Use the Sanctions Power Against Bashir
...policy on peace and security issues, and joint condemnation of international crimes. This is an important moment for the UN Security Council to back the ICC. The Sudan Sanctions Committee should expeditiously add Bashir to the sanctions list which would place all states under a clear obligation to prevent his travel around the globe. In addition to the chair, currently Her Excellency Mrs. Maria Cristina Perceval (Argentina), and two vice chairs, Australia and Azerbaijan, all Security Council members are on the sanctions committees. One hopes that Russia and China will...14 Jul Those “Snap-Back” Sanctions in the Iran Deal Have a Pretty Big Loophole
dealing with the Iranians ( among others ) while bypassing restrictions and sanctions imposed by US , and the result, a fine of not less than: 9 billion dollars.... ( see link ) So, you are right, maybe it wouldn't be the same, but only maybe, since, even here, with Iran , the Americans , didn't exhibit yet , their full range of capacity in this regard . Link : http://www.bloomberg.com/news/articles/2014-06-30/bnp-paribas-charged-in-sanctions-violation-probe-in-new-york Thanks Benjamin Davis In the long game, I would suspect that states could impose new sanctions outside of the...18 Jun Sanctioning the ICC: A Guide to U.S. Law (Part I)
they are in the sanctions crosshairs. This post will discuss the various parts of the executive order announcing the sanctions, and the law on which it based. A second post to follow will address some additional ramifications of the order and what to expect going forward. The Operative Law The law that President Trump invoked to establish the sanctions program is the International Emergency Economic Powers Act (IEEPA). IEEPA is one of over 136 emergency powers that Congress has delegated to the President over the years, and as such it...21 Jan Does President Obama Need Congress to Lift the Embargo on Cuba? Yes.
am not Cuba sanctions law expert, so it is possible I am missing something. Since the bulk of the Cuba sanctions are found in regulations issued by the Treasury Department’s Office of Foreign Assets Control pursuant to the Trading with the Enemy Act, it would seem like President Obama could indeed lift those sanctions by simply withdrawing those regulations. The TWEA has never been read to require sanctions, and President Carter lifted similar sanctions on China without Congress in 1979. On the other hand, Congress has also enacted two Cuba-specific...
19 Apr ICC Sanctions Symposium: Sanctions Gone, But Don’t Celebrate Too Quickly!
[Oumar Ba is an Assistant Professor of International Relations at Morehouse College .] On 2 April 2021, President Biden rescinded the sanctions that the Trump administration had imposed on Fatou Bensouda and Phakiso Mochochoko – the two most senior African officials in the ICC’s Office of the Prosecutor. These sanctions were preceded by visa restrictions on ICC personnel in 2019 and a visa ban on Bensouda. Sanction regimes have operated as a powerful tool at the hands of western states and international institutions to bend other states (from the Global...