Search: extraterritorial sanctions
25 Jul Eyal Benvenisti’s World Is Already Here (Even in the United States)
...impacts would further complicate the adoption of some sort of IIS. Many executive branch activities with likely international impacts would be lodged in the Departments of State, Homeland Security, and Defense, activity that has historically been sheltered from such administrative requirements as the EIS and the Administrative Procedure Act. There is something cognitively dissonant about the concept of an International Impact Statement for, say, sanctions on Iran or the withdrawal of troops from Afghanistan. It’s even less likely that Congress would adopt a practice under which foreign stakeholder interests became...
30 Mar Walking on Thin Ice: Balancing Trade and Security Interests at the WTO
...the panels left the interpretation of the term “essential security interests” open so as to accommodate various interests of the Members. However, the reliance on Article XXI(b)(iii) GATT would require an occurrence of an extreme form of deterioration of international relations. Certainly, this degree of gravity in international relations will be rarely met. Hence, this interpretation of the security exceptions significantly curtails the policy space for the WTO Members to impose trade-restrictive measures in the form of targeted unilateral sanctions or tit-for-tat measures under the aegis of Article XXI(b)(iii) GATT....04 Mar The OTP Should Have Appealed the Palestine Decision
As readers no doubt know, Fatou Bensouda announced yesterday that the OTP is opening a formal investigation into the situation in Palestine. Doing so was a foregone conclusion, given the Pre-Trial Chamber’s recent decision that the ICC has jurisdiction over crimes committed in Gaza, the West Bank, and East Jerusalem. Regardless, even if the bulk of the work will fall to her successor, Karim Khan, Bensouda deserves credit for not being cowed by Israel’s ridiculous allegations of anti-semitism or by the US’s indefensible sanctions against her, which the Biden administration...
14 Feb Symposium on Rewriting Histories of the Use of Force: Of Rules and Exceptions in Jus ad Bellum
...however, these doctrines were expressions or applications of the broader concept of self-preservation, which Verdebout admits, was recognized as a fundamental right of states. To Verdebout, this confirms the core claim of the book, which is that pre-1914 international law was not indifferent towards the question of the use of force. For instance, on pages 204-205, Verdebout notes that in all the cases of intervention surveyed in her book, the use of force was “presented as sanctions of law – i.e., as the exercise of the right of self-preservation.” This,...
04 Dec UNSC Veto Power Symposium: Reply to Professors Sterio and Clark, and Dr. McDougall
...obligations have direct relevance (see discussion Chapter 4.3.6.1) especially in light of the double veto by China and Russia of a resolution that would have condemned the crimes being committed in Myanmar (draft resolution S/2007/14). Chapter 5.2 additionally discusses how veto threats in the face of alleged genocide, as well as crimes against humanity and war crimes, in Darfur weakened the sanctions regime and weakened and delayed peacekeeping. The vetoes and veto threats in both these situations appear the exact opposite of adhering to the due diligence obligation to “prevent”...15 May Guest Post: The End of the Road for Ngudjolo and the Stacked Odds Against ICC Acquitted
...Ngudjolo deported from the Netherlands. Interestingly, the website for the 1533 Sanctions Committee still lists Ngudjolo as being subject to a UN travel ban, although this does not seemed to have proven a hindrance. The Ngudjolo case is another instalment in the story of the ICC’s growing pains, and in The Netherlands’ fight to minimise the impact of it hosting the Court. This story will go on as the ICC continues its operations and more judgments are rendered, and it is hoped that in future the odds become a bit...
05 Apr Of Palestinian Liars and Israeli Saints: Confronting Anti-Palestinian Racism in International Law
...document the suffering of Palestinians as well as Israel’s breaches of international law. They do so at great personal risk, with special note to Albanese who is routinely threatened in the most vile ways by allies of Israel (including the US State Department which either recklessly or deliberately smeared her this past week). Their recommendations bear repeating here: An arms embargo and economic sanctions levelled against Israel; Support for South Africa’s resort to the UNSC under art 94(2) of the UN Charter; Lobbying Karim Khan to pursue arrest warrants for...
15 Nov Israel’s Brazen Attack on Al-Haq – Troubled from Apartheid Charges, Armed with Terrorism Designations and Blessed by U.S. Silence
...as Palestinian President Mahmoud Abbas’s efforts to obtain full membership at the UN) is “pure diplomatic terrorism” peaceful Boycott, Divestment, Sanctions (BDS) efforts are economic terrorism; legal work and engagement with international mechanisms is legal terrorism; and those who do such work are “Terrorists in Suits.” Perhaps, for Israel, even writing this article or any similar intellectual exercise is intellectual terrorism. Moreover, for Israel, any criticism of its human rights violations is antisemitism. Even calling Israel’s regime by its name and the accurate legal characterization, i.e., “apartheid,” is antisemitic. Likewise,...