Search: extraterritorial sanctions
07 Oct Rethinking Atrocity Justice: From Western Exceptionalism to True Universalism
...an unnamed senior leader in the context of arrest warrants being requested for Israeli leaders that “this court is built for Africa and for thugs like Putin.” Of course, the fact that the ICC ultimately did proceed to issue arrest warrants for Benjamin Netanyahu and Yoav Gallant demonstrates that occasionally the wheels of justice move forward even in the face of resistance from key players in the West. Doing so, however, can come with a heavy price for those involved (see here, here and here regarding US sanctions on ICC...13 May More on the Linkage Between International Trade and Labor
The U.S. Trade Representative’s Office has released some further details on its agreement with Congress to incorporate international labor standards into future U.S. free-trade agreements. Here are a couple important new institutional innovations. (1) Violations of international and local labor standards will apparently be subject to the same international dispute resolution mechanisms as the rest of the trade agreement. This is big: Panels will for the first time be empowered to determine violations of international labor standards and countries will be authorized to impose trade sanctions to punish violations. (2)...07 Mar Humanitarian Intervention in Libya: Follow-up Post
...and sanctions regimes — in relation to going further than them to actual armed intervention or not.) C. Recognition of belligerency in a civil war Perhaps the most interesting legal view on how one might undertake humanitarian intervention in Libya was that offered by international law professor Jordan Paust. He suggested that there might be a recognition of belligerency in a civil war, and that the US and others could recognize the belligerency as a legal matter and then side with the rebels as the legitimate legal government of Libya....24 May Weekend Roundup: May 17 – 23, 2014
...African Constitutional Court in a landmark universal jurisdiction case involving alleged crimes against humanity committed in Zimbabwe in 2007. Tyler Cullis, meanwhile, reviewed to what extent the US would be legally and politically able to ease sanctions against Iran as part of a nuclear deal. In the last guest post of the week, Gabor Rona commented on the recent Serdar Mohammed v Ministry of Defence case on detention in a non-international armed conflict. Finally, Deborah shared her views on the Senate Foreign Relations Committee’s hearings on the AUMF, and as...27 Aug Legal Challenges: Post-Conflict Reconstruction
...is a growing emphasis on the management of natural resources like oil, timber and diamonds. In Iraq, oil been a key issue in the constitutional debate; in many African countries it has been the source of increasingly sophisticated Security Council sanctions regimes that have resulted in market regulation schemes (which I will discuss in a forthcoming post). This emphasis on regulation is affecting the core content the right to permanent sovereignty over natural resources, which many non-OECD countries have claimed is a jus cogens norm. Third, because economic development helps...13 Dec Is Helping Terrorists Always Unlawful?
...vague. As we previously noted in HLP I, limiting the definition of the term “training” to the “imparting of skills” does not cure unconstitutional vagueness because, so defined, the term “training” could still be read to encompass speech and advocacy protected by the First Amendment. For the foregoing reasons, we reject the government’s challenge and agree with the district court that the term “training” remains impermissibly vague because it “implicates, and potentially chills, Plaintiffs’ protected expressive activities and imposes criminal sanctions of up to fifteen years imprisonment without sufficiently defining...29 Jun Weekday News Wrap: June 29, 2012
...the countries that offer near-universal healthcare. Cyprus has denied media reports that it had briefly arrested Iran’s foreign minister for violation of an EU travel ban when he arrived at Nicosia International Airport to meet with the Cypriot President. The US has granted exemptions to China and Singapore from financial sanctions over oil trade with Iran. The EU has signed a free trade agreement with Peru and Colombia. Following difficult negotiations, the eurozone leaders have agreed on a deal to bailout banks and develop a eurozone supervisory regime for banks,...10 May The Past, Present, and Future of the Veto: A Further Response to Professor Jennifer Trahan
...genocide, which is enshrined in the Genocide Convention. He stated: States Parties confirm that genocide whether committed in time of peace or war, is a crime under international law that they undertake to prevent and punish … A State Party may choose from among a range of measures – diplomatic pressure, economic sanctions, judicial initiatives, or the use of military force – to undertake to prevent or punish genocide. But the State Party’s choice is necessarily discretionary. (Quoted in William Schabas, Genocide in International Law, p. 496) Third: The Future...08 Jun Weekday News Wrap: Friday, June 8, 2012
...by the ICC. Ivory Coast’s former President Laurent Gbagbo seeks a delay of his trial at the ICC, claiming he is too ill. ECOWAS has urged the UN Security Council for a Chapter VII resolution authorizing intervention in Mali if talks with rebel groups fail. Jurist has a piece about Charles Taylor, Arms Dealers and Reparations. UN monitors in Syria were shot at while trying to investigate a massacre site, and Kofi Annan has said that an “all-out civil war” is imminent. Australia will lift the remaining sanctions on Myanmar...03 May Thoughts on Jens’s Post about the Kunduz Attack
...lower mental states such as dolus eventualis or recklessness? I worry about this argument. And here’s why. If intent = recklessness, then all cases of legitimate collateral damage would count as violations of the principle of distinction, because in collateral damage cases the attacker kills the civilians with knowledge that the civilians will die. And the rule against disproportionate attacks sanctions this behavior as long as the collateral damage is not disproportionate and the attack is aimed at a legitimate military target. But if intent = recklessness, then I see...