Search: extraterritorial sanctions

...(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...

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...

...Joseph S. Nye, ‘soft power’ refers to a nation’s capacity to sway others without resorting to coercive measures. In practical terms, this intricate process involves nations elegantly projecting their values, ideals, and cultural prowess across borders, fostering benevolence, and fortifying alliances.  In the ongoing Ukraine conflict, the amalgamation of hard and soft power tools has become a defining strategy, with notable examples illustrating the influence of soft power. The U.S. response to Russia’s invasion leverages soft power through corporate withdrawals, economic sanctions, and currency markets, showcasing the impact of combining...

...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...

...of systematic human rights abuses”, including Sudan, subject to UN Security Council sanctions, as well as Azerbaijan, the DRC, Ethiopia, Guatemala, Kazakhstan, Mali, Nigeria, Sri Lanka, Tajikistan and Vietnam, as noted in the UN Special Rapporteur’s position paper. As such it looks the UN CT Travel programme is falling short of the requirements of the UN Human Rights Due Diligence Policy. Specifically, in the context of border security, the consequences of the travellers’ data surveillance supported by the UN CT Travel programme can be serious and wide-ranging, affecting the right...

...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...

...contrast, the notion of grey zones refers to settings where the very possibility and relevance of accountability is called into question. This piece therefore understands accountability to refer to criminal sanctions and adjudication mechanisms, as well as to the more normative and foundational idea that actors –especially those in positions of power—must bear consequences for their actions and omissions regarding both negative and positive human rights obligations. Accountability can take place in various forums, not just legal ones, with political arenas also playing a crucial role. This broader understanding foregrounds...

...criminals of this order of importance. It does not expect that you can make war impossible. It does expect that your juridical action will put the forces of international law, its precepts, its prohibitions and, most of all, its sanctions, on the side of peace, so that men and women of good will, in all countries, may have “leave to live by no man’s leave, underneath the law.” The full text of the speech is here. More on the Nuremberg Trials is available through Yale Law School’s Avalon Project here....

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)...

...weekend. Relatives of approximately 90 Yeminis held at the US Guantanamo Bay prison are protesting their “very poor” conditions at Gitmo and demanding their release. Arms Control Blog points to a new report about the effectiveness of sanctions against Iran. The UNGA is set to vote today on the Arms Trade Treaty, a week after Iran, Syria and North Korea blocked the adoption by consensus. Following the return of the two Italian marines to India, India’s Supreme Court has removed the order barring the Italian envoy from leaving the country....

...it has built. A senior U.S. defense official said on Thursday that additional sanctions were a possible response to any North Korea missile launch and the commander of U.S. forces in the Pacific said he favored deployment of a U.S. anti-missile system in South Korea. Europe With a troubled peace plan for the Ukrainian conflict nearing its deadline, NATO chief Jens Stoltenberg will attempt a balancing act to reassure Kiev of the West’s support without antagonizing Moscow when he visits Ukraine on Monday. Bitterly-divided European leaders will seek to find...

...Colombia and Fixes a Single Maritime Boundary between Colombia and Nicaragua (.pdf). Senator Ron Wyden, a Democratic member of the Senate Intelligence Committee demanded in a letter (.pdf) to President Obama’s counterterrorism advisor John Brennan that he and other committee members be allowed to review secret Justice Department legal opinions justifying the killing of American citizens in counterterrorism operations. The United States is pushing for more sanctions against North Korea at the UN. China is planning a geographical survey of the contested Diaoyu/Senkaku Islands in the East China Sea. The...