Search: extraterritorial sanctions
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...21 Sep Does President Obama Have to Send the “Cyber Arms Control” Agreement with China to the Senate?
...the Senate as a treaty. Much depends on exactly what the agreement purports to do. If the agreement actually contains a commitment by the U.S. to “not be the first to use cyberweapons to cripple the other’s critical infrastructure”, than it is much closer to the traditional kinds of arms control agreements that have usually been approved under the U.S. system as treaties. Unlike the Iran Nuclear Deal (which is mostly about lifting economic sanctions), the U.S. would be committing to refraining from using certain weapons or from exercising its...08 Oct Guest Post: On ‘Humanitarian Intervention’, ‘Lawmaking’ Moments and What the ‘Law Ought to Be’–Counseling Caution Against a New ‘Affirmative Defense to Art. 2 (4)’ After Syria
...objectives are all valid and important. But is questionable whether they can be achieved best through a broadening of the options for military force. International law offers alternative paths to the use of force to achieve rationales, such as accountability, deterrence or sanctioning of jus in bello violations, i.e. preventive diplomacy, lawful countermeasures, international criminal justice, sanctions etc. Broadening the categories of the use of forces has trade-offs. It weakens these options and their underlying regimes (e.g. non-coercive and non-violent response measures under Chapters VI and VIII of the Charter,...19 May An International Legal Agreement between the FARC guerrilla and the Colombian Government?
...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...20 Nov Binding on All States All of the Time
...international organizations, participation in 200 cases at the ICJ and PCIJ, in thousands of cases in human rights courts, in mediation, negotiation, and arbitration over ever possible right or claim relevant to states—and all in terms of international law. And these officials know there are sanctions for violating international law. If you were to ask the proverbial man on the street whether he has human rights or his country has inviolable national borders—most would say yes and know these are legal rights from beyond the state itself. One of the...05 Sep Is There a Regime China Won’t Support?
The Globe & Mail has a blockbuster report today concerning China’s willingness to supply weapons to Gaddafi’s regime during the rebellion: China offered huge stockpiles of weapons to Colonel Moammar Gadhafi during the final months of his regime, according to papers that describe secret talks about shipments via Algeria and South Africa. Documents obtained by The Globe and Mail show that state-controlled Chinese arms manufacturers were prepared to sell weapons and ammunition worth at least $200-million to the embattled Col. Gadhafi in late July, a violation of United Nations sanctions....10 Nov Weekly News Wrap: Monday, November 10, 2014
...they said were killed in U.S. air strikes on Wednesday night which Washington said targeted an al Qaeda-linked militant faction. Oceania Australia said on Saturday it was pleased with progress on a long-planned free trade agreement with China and that it would be happy to conclude it by next week when Chinese President Xi Jinping visits. UN/World The UN Security Council has imposed sanctions on Yemen’s former president Ali Abdullah Saleh and two allied rebel commanders for threatening the peace and stability of the country and obstructing the political process....
07 Oct Rethinking International Law After Gaza Symposium: Palestine at the ICJ – International Law v The “Rules Based Order”
...fact and in effect if not intention, support the status quo of violence and oppression? Will the Global South, or “the rest” (of “the West and the rest”), stand up concretely for one of its own, or simply continue, literally, to carry on business as usual beneath a façade of performative rhetoric and ineffectual diplomatic gestures? And if the latter, is it fear of repercussions — for example, sanctions from the U.S — or simply naked self-interest that negates effective action? International law is legitimate insofar as it is fairly...