Search: extraterritorial sanctions

...the hearing yesterday in the House of Representatives where the Republican Dan Burton, Chairman of the Subcommittee on Latin America, asked the White House to change its policy. “Many of us are worried about the Chinese influence in the region”, said Burton, who said that Beijing does not have any problems with training Latin-American militaries if the US doesn’t. In similar terms, Eliot Engle, leader of the Democrats in the Subcommittee, said, “These sanctions are undermining seriously our interests in the region”, and argued the policy is a “failed policy”....

The United Nations is resisting calls by the African Union to end the arms embargo against Somalia. Israeli Prime Minister Benjamin Netanyahu is seeking France’s backing over Iran. EU sanctions on natural gas exports have unintentionally strangled Iranian liquefied petroleum gas exports. As spending cuts have stopped insecticide spraying in Greece, years after the disease has been wiped out, cases of malaria have been confirmed. The 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children (also...

...and objects from passing into the territory of other states. This is of course outside of special regimes that may stipulate otherwise. It has long been recognized, as it happens in the context of border relations between Canada and the US in the famous Trail Smelter case, that certain types of cross-border environmental harm can engage a state’s responsibility. There is arguably a special case against tolerating the presence of armed irregulars or terrorist groups that are hostile to a neighboring state on one’s territory and the UN’s sanctions regime...

...(beginning with Avena).But the Court did not impose reporting requirements in three recent cases where it would have made sense to do so—namely, in the Ukraine v Russia, Iran v US (sanctions), and Qatar v UAE cases. Incidentally, neither Ukraine nor Qatar asked the Court to require reports on implementation; Iran did make such a request, which the Court rejected without explanation. The omission of any reporting requirement in those high-profile cases amplified the apparent significance of the Court’s decision to include one in the January order. But if the Court’s...

...detention in NIAC. Kevin also recommended Jens’ new book, and for the month of February OUP is offering a discount to our readers, so be quick to grab your copy by clicking on the ad on the right. Kristen wrote about the aims of the new ILA Study Group on Sanctions of which she is a part, and Bill Dodge wrote a guest post about the Solicitor General’s views in Samantar. Finally, Jessica wrapped up the international news headlines and I listed the events and announcements. Have a nice weekend!...

Bobby Fischer has died (NYT obit here). I’m old enough to remember how he made chess a cool sport (albeit temporarily) with his 1972 match-up with Boris Spassky in Iceland. More recently he was in the news on the lam from US authorities, after having been indicted for violating the US sanctions regime against Yugoslavia with a Spassky rematch there in 1992. (The regime applies only to “United States persons”, which, interestingly, includes permanent resident aliens in addition to U.S. citizens.) Detained in Japan in 2004 for traveling on a...

...clerk with one of the American judges at the Iran-U.S. Claims Tribunal, I came to know the Algiers Accords quite well. Generally, this agreement works to the United States’ advantage, ensuring that our citizens have adequate judicial recourse before an international tribunal for Iranian breaches of contracts and unlawful expropriations arising out of the revolution. But not always. This “internal affairs” provision is rarely litigated before the Tribunal. (There currently is pending before the Tribunal a claim that U.S. sanctions against Iran violates this “internal affairs” provision.) The provision was...

...the making. As the crowd settled down, Mandela embarked on a militant speech that embraced the battle against apartheid on all fronts. “Our struggle has reached a decisive moment,” Mandela said. “We call on our people to seize this moment so that the process toward democracy is rapid and uninterrupted. We have waited too long for our freedom. We can no longer wait.” Saluting communists and combatants, embracing international sanctions, and vowing to continue the armed struggle against apartheid, Mandela catered to his swelling ranks and flamed the fears of...

...he would be making an enormous mistake, and I don’t think he will want to go the extra mile.” “I think the Iranian leadership is composed of very rational people. But I agree that such a capability, in the hands of Islamic fundamentalists who at particular moments could make different calculations, is dangerous.” According to Gantz, western pressure on Iran by means of diplomacy and economic sanctions has had an effect on Tehran’s rulers but a military response is still an option, albeit the last. Next up, Yuval Diskin, the...

I have long found it curious that those who favor constitutional comparativism often fail to appreciate the particular cultural distinctives that imbue different legal systems. It is rare that comparative scholars will outline those differences, many of whom wish to deny that they exist or diminish their importance. It was therefore of great interest to me today when I came across a fascinating line of Indian Supreme Court cases that impose criminal sanctions on sexually suggestive speech. Article 509 of the Indian Penal Code provides that “whoever, intending to insult...

...or slogan or playing an anthem or voicing a slogan, or any similar explicit action clearly expressing such […] sympathy’, to ten year imprisonment. Every person who throws an object, ‘in a manner that […] may harm traffic in a transportation lane’ or ‘at a […] property, with the intent to damage the property’, therefore without necessity for the damage to effectively result from the action, is liable to ten years imprisonment. Moreover, the Order sanctions members of a group in which one or more of its members have committed...

...the awards pile up in the United States, Iran is signaling that its legal system can do the same thing. Now, I would not suggest there’s any moral equivalence in the sorts of suits for which sovereign immunity is being waived by U.S. courts and Alikhani’s complaint (he was detained for 105 days following his arrest in a sting operation involving the purchase of oil-field equipment in Florida for shipment to Libya allegedly in violation of U.S. sanctions). But, as a structural matter, once the United States decides to allow...