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Search: extraterritorial sanctions

27 Sep

...58] Operation Enduring Freedom, which began in Afghanistan shortly after the 9/11 attacks, was a mission to kill and capture “high value” al Qaeda and Taliban members and destroy the safe havens from which al Qaeda planned and directed the 9/11 attacks. The interrogation techniques were approved in the context of an armed conflict with Afghanistan, which the United States government saw as (at least initially) the main front of the so-called “War on Terror.” For instance, the 1 August 2002 “Bybee Memo” legally sanctions “enhanced interrogation techniques” “in the...
27.09.12 | |

30 Oct

International observers have criticized last weekend’s elections in Ukraine citing systematic problems in the political and electoral system. US Secretary of State Hilary Clinton is in Algeria, discussing how to tackle the growing presence of Islamist rebels in Northern Mali. Japan is seeking an exemption on US oil sanctions against Iran. Germany’s Finance Minister Wolfgang Schaeuble tells the UK: “EU needs you.” Presseurope covers the latest turmoil in Europe as Strasbourg’s capital status has been called into question, with MEPs favoring a centralization of power only in Brussels. The UN...
30.10.12 | |

07 Aug

...sanctions or even use of force if it refused to protect the rainforest might be feasible”. While he does not personally recommend this approach, he does conclude that the chances of this happening are “increasing”. The article has generated a lot of conversation within the Latin American international law community, and especially, of course, in Brazil. The ensuing discussion raised concerns not just on the merits of the article itself (why does the question of expansive criteria for the use of force arise only in cases involving developing nations and...
07.08.19 | |

03 Feb

...and anti-corruption blogger Alexei Navalny, who is restricted from travelling outside Moscow, has requested permission to visit Sochi. France will have “significant commercial opportunities” in Iran if sanctions are lifted, but Tehran first has to prove its good faith in abiding by nuclear undertakings, Finance Minister Pierre Moscovici said. Oceania Australia has approved a plan to dump millions of tons of sediment near the Great Barrier Reef as part of a major coal port expansion – a decision that environmentalists say will endanger one of the world’s most fragile eco-systems....
03.02.14 | |

18 May

...respect to the subject matter thereof,… as if the subject matter of the arbitration were pending before a superior court of this state in a civil action…. (b) The arbitrator or arbitrators themselves shall have power, in addition to the power of determining the merits of the arbitration, to enforce the rights, remedies, procedures, duties, liabilities, and obligations of discovery by the imposition of the same terms, conditions, consequences, liabilities, sanctions, and penalties as can be or may be imposed in like circumstances in a civil action by a superior...
18.05.07 | |

03 Dec

...Fourth Geneva Convention is generally understood to encompass a duty to search for persons on States’ own territory accused of having committed, or ordered the commission of, grave breaches, and to prosecute or extradite such persons. The Article’s reference to the ‘suppression’ of other violations of the Convention is understood to refer to the need to institute appropriate rules of engagement, administrative and disciplinary measures, and possibly criminal sanctions, in respect of one’s own armed forces.  Arguably it also covers the enactment of domestic criminal legislation based on the territorial,...
03.12.20 | |

20 Jun

...an option given Russia’s role and veto power. (For the background legal context leading up to the Lockerbie trial, see here; and for an analysis of the verdict, see here.) The International Court of Justice was also approached by Libya and ruled that it had jurisdiction to proceed with the case – before the proceedings were terminated by the agreement of all parties. And of course, it is worth also remembering the role of economic sanctions in bringing pressure to bear. What the Lockerbie trial indicates is that there were...
20.06.19 | |

15 Dec

...billion when it can’t manage a conference? Both sides would be right but their questions come from completely different perspectives. This is the fundamental divide in climate negotiations – there seems to be no reason to trust each other. Much is written these days about the need for building trust. Political scientists and international lawyers offer many solutions: credible commitments to resolve time inconsistencies, contingent and conditionality-based support, procedures for monitoring and verification, reciprocity in actions, and compliance-oriented sanctions. But international negotiations, in general, and climate negotiations, in particular, have...
15.12.09 | |

07 Jun

...and Commonwealth Office. He warned that a UNGA-created non-consensual hybrid tribunal on Syria could backfire against the US, and raised two problems with the polling questions of a recent study of Pakistani attitudes towards drone strikes. Kristen updated us on the new briefs filed in the Haiti Cholera case, and on the launch of a high level sanctions review at the UN, while Chris discussed the many hurdles in the path of the Eurasian Economic Union. As always, Jessica wrapped up the news (1, 2) and we listed events and...
07.06.14 | |

19 May

...the agreements If the FARC-Government agreements end up being international treaties, they may still be open to criticism and legal challenges. This is due to several factors. Firstly, there is the issue of jus cogens and impunity. Why so? Some political actors and NGOs as Human Rights Watch have expressed concern that the agreements on justice and victims may lead to impunity of serious violations, including international crimes. While the idea of alternative sanctions is not questioned as such, since States may decide to use them in exceptional case to...
19.05.16 | |

20 Jun

After a over a week of negotiations, Mali has reached a ceasefire agreement with the Tuareg rebels who have occupied the northern city of Kidal. The UK Supreme Court has held that sanctions imposed on the Iranian Bank Mellat are invalid because they were imposed through a secret court. The US Treasure Department has strongly criticized the decision. Britain’s attempt to include Hezbollah’s armed wing on the EU terror blacklist has for the second time failed to gain the required unanimity. The preliminary peace talks between the US and the...
20.06.13 | |

09 Apr

...law, nor its employment of “lawfare” to highlight international law, will be very successful against Russia. Lawfare’s main impact against the U.S. was to tie up many of its policies in domestic U.S. litigation. I don’t see that as an avenue against Russia. Moreover, the employment of lawfareish pressure tactics could easily be used as an excuse to avoid taking more strenuous or effective actions (e.g. tougher sanctions, increased military aid, etc.). I am not sure US conservatives should be eager to jump on this lawfare bandwagon, no matter how...
09.04.14 | |