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Search: extraterritorial sanctions

13 Dec

...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...
13.12.07 | |

04 Nov

...Eighth Amendment jurisprudence to a natural law approach, with all the attendant problems associated therewith. I argue that: “The Court’s references to comparative experiences are best understood as objective signposts in the Court’s search for constitutional limits grounded in natural law…. If Glucksberg defines the objective limitations on substantive due process, Roper defines the objective limitations on cruel and unusual punishment. It prohibits excessive sanctions based on the “objective indicia of [a national] consensus” confirmed by “fundamental rights” affirmed by “other nations.”… The difference of course is that Glucksberg looks...
04.11.05 | |

08 Sep

...Kingdom, defense minister Michael Fallon said on Tuesday, as he defended the killing of a British Islamic State fighter; Prime Minister Cameron told parliament on Monday that he had approved an air strike against a vehicle carrying a British jihadist in Syria who he said was plotting attacks against Britain. The European Commission announced a 500 million euro ($557 million) package of measures on Monday to provide relief for farmers stung by slumping prices, triggered partly by the loss of exports to Russia due to EU sanctions against the country....
08.09.15 | |

02 Dec

...and other forms of sexual violence, and forced abortion.” Rather than coddling him, taking a tougher stance with Kim Jong Un, which could include a new sanctions regime, might help advance both First Generation rights (in terms of demanding greater respect for civil/political liberties) as well as Third Generation rights (the collective right to peace via nuclear disarmament). This would be to the advantage of the Biden administration because, per the McCain Institute, “how a regime treats its own people is often indicative of how it will behave in foreign...
02.12.20 | |

03 May

...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...
03.05.16 | |

10 May

...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...
10.05.18 | |

03 Nov

...crash site, the Dutch prime minister said. Italy said on Friday it would close a sea rescue mission that has saved the lives of more than 100,000 migrants from Africa and the Middle East, a move one rights group warned could lead to a “surge of deaths” in the Mediterranean. Americas The United States has asked for targeted U.N. sanctions to be imposed on Yemen’s former president Ali Abdullah Saleh and two Houthi rebel leaders for threatening the peace and stability of Yemen and obstructing the political process. Sierra Leone...
03.11.14 | |

29 Jun

...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,...
29.06.12 | |

25 Jul

...impacts would further complicate the adoption of some sort of IIS. Many executive branch activities with likely international impacts would be lodged in the Departments of State, Homeland Security, and Defense, activity that has historically been sheltered from such administrative requirements as the EIS and the Administrative Procedure Act. There is something cognitively dissonant about the concept of an International Impact Statement for, say, sanctions on Iran or the withdrawal of troops from Afghanistan. It’s even less likely that Congress would adopt a practice under which foreign stakeholder interests became...
25.07.13 | |

26 Oct

...crime, there must somewhere be a criminal or else it is merely a series of unfortunate events; if there is a criminal, he or she did not act alone, because these agents acted under instructions from a principal. So this is my concern: If it is politically unrealistic to consider going after Barack Obama and Harold Koh and Leon Panetta and Joe Biden, et al., and that is the reason for not pursuing criminal sanctions that follow upon criminality, well, one has to wonder when it will be politically realistic....
26.10.10 | |

03 Feb

...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...
03.02.14 | |

02 Apr

...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....
02.04.13 | |