Search: extraterritorial sanctions

...the existence of a grey zone is well-known. In practice the divide may not always be clearly visible. Yet, large parts of the debate have been devoted to the establishment of one or more criteria to decide what makes an instrument law (be it sanctions, formalities, intent, effect, substance, or belief). Thus, depending on how one distinguishes between law and non-law, informal law output may or may not be part of international law. If formalities or intent matter, a lot of the informal output would not be law. If, in...

...rights and freedoms under pressure in three distinct areas: (1) property protection; (2) data protection and privacy, and (3) freedom of movement in the EU. Panels will tackle a range of issues, including, for instance, the use and abuse of international investment arbitration, immunity from execution, or the use of targeted financial sanctions as a foreign policy tool. Confirmed speakers include Judge James Crawford (International Court of Justice), Judge Siofra O’Leary (European Court of Human Rights), Judge Allan Rosas (Court of Justice of the EU), Prof. Joseph Cannataci (UN Special...

...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...

...that ECOWAS States have surprisingly refrained from applying sanctions against the ECCJ but have instead acted to increase its independence. Weingast and Moran suggest that where control by a principal is effective, overt sanctioning is rare as the agent rationally anticipates the preferences of the principal and incorporates those preferences into their behaviour. The question then is whether the act of ignoring certain decisions of the ECOWAS Court is not a tool by which ECOWAS States control the ECCJ by forcing it to self-censor in appropriate cases such that no...

...by the fact that opposition forces are implicated in the commission of atrocities as well, or that the Security Council needs to decide who (which side) should be prosecuted in advance of referring a situation to the court. What this conflict does indicate however, is the deepening entanglement between international courts and the Council, a theme which runs broadly through the Council’s peace and security work, and through its sanctions practice as well. This entanglement can be addressed in a few ways. The First, is greater clarity and better mechanisms...

...(e.g. someone who is HIV+ ) during hiring without a bona fide occupational qualification. Duties to protect A corporation cannot abet human rights violations in its business relations as defined by civil and criminal law. The responsibility to not abet violations may be broad and has been used to condemn corporations for any violations caused by the corporation’s supply chain, but the obligation cannot extend beyond current civil and criminal sanctions for vicarious liability due to agents, partners and co-conspirators. Human rights activists have argued for other legal tools, like...

...practice in this area: Public international law (PIL) is not only relevant to governments these days, it is increasingly the concern of multinational corporations and individuals. International law now affects many corporate and financial transactions; companies need to be aware of the impact of such issues as sanctions, export controls, anti-corruption conventions, rules for combating crime and terrorism, and regimes of environmental accountability. PIL also often overlaps with WTO and human rights issues. Investor-state arbitrations are on the rise. Some may argue that this does not constitute pure PIL work,...

...attacks. The US will move cautiously to ease some of its economic sanctions on Myanmar. The CIA reports that Iran has expanded its nuclear work in 2011. No venue has been decided yet for the Iran nuclear talks due to start on April 13, with Iran now suggesting that the talks could take place in Beijing, Beirut, Baghdad or even Damascus. Violence has erupted in Athens, after a pensioner committed suicide near the Parliament. The WTO Appellate Body held that the US ban on clove cigarettes is discriminatory because menthol...

...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...

...by his recent and vocal bout of almost paranoid hysteria. He has admonished the ICC as “anti-Semitic” which is both unhinged and non-sensical, as evidenced by a complete lack of evidence backing up this assertion and his own cozying up with anti-Semitic political leaders to undermine the Court. He has encouraged citizens of democracies to pressure their governments to issue sanctions against the Court, “its officials, its prosecutors, everyone.” Along with Israeli President Reuven Rivlin, Netanyahu stooped to the depths of politicizing the anniversary of the liberation of Auschwitz and...

...The Fourth Geneva Convention of 1949 reads: Art. 146. The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article… Art.147. Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious...

...group of experts appointed by the security council, said it had “found substantial evidence attesting to support from Rwandan officials to armed groups operating in the eastern DRC”, including shipping weapons and money to M23 in breach of a UN arms embargo and other sanctions. “Since the earliest stages of its inception, the group documented a systematic pattern of military and political support provided to the M23 rebellion by Rwandan authorities,” it said. The report said the Rwandan government gave “direct assistance in the creation of M23 through the transport...