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Search: extraterritorial sanctions

07 Mar

I think we have talked about this before on this blog, but I don’t think we ever came to a resolution on Iran’s argument that Security Council sanctions against its nuclear program are “illegal.” Iran’s foreign minister is apparently arguing here that the UNSC resolutions are “politically motivated and unprincipled resolutions” which violate international law, rules and regulations. It “ignores Iran’s legal and inalienable rights guaranteed by the Non-Proliferation Treaty (NPT) and the nuclear safeguards regime.” I don’t exactly understand the argument fully or maybe there is no real argument....
07.03.07 | |

29 Jun

...and his aides in the International Criminal Court. Led by the Southern African Development Community, the world will also impose sanctions against Mr. Mugabe’s circle and cut off all military supplies and spare parts. Mozambique, South Africa and Congo will also cut off the electricity they provide to Zimbabwe. So, whatever happened to the Responsibility to Protect? Or even the less robust 1990s versions of humanitarian intervention? Surely widespread deprivation, starvation, torture and political murder — whether or not tantamount to genocide — qualify as the kinds of mass atrocities...
29.06.08 | |

08 May

...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...
08.05.24 | |

05 Apr

...On the contrary, although violations that do not affect the accuracy of adjudication should rarely (if ever) lead to dismissal of the defendant’s case, violations that make accurate adjudication impossible should rarely (if ever) lead to anything short of dismissal. I would like to think that Jenia agree with me. But if she does, she should avoid making statements like this one (p. 204): Through these functions, remedies and sanctions for prosecutorial misconduct help promote a central role of international criminal justice: to ensure fair trials and promote individual rights....
05.04.13 | |

09 Jun

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...
09.06.05 | |

04 Apr

...reportedly arrested after week of protests, including senior figure Alexander Kozulin. EU and U.S. declared would target sanctions at those responsible for electoral violations and post-election crackdown. UN Special Rapporteur Adrian Severin led UN call for immediate investigation into deteriorating rights situation. Russia congratulated Lukaschenko. Central African Republic: Refugees fleeing unrest in north claimed attacked by government troops: 7,000 have fled to Chad since January, with 50,000 more internally displaced. Government confirmed existence of rebellion in northwest for first time 13 March; accused former President Patasse and MLDC party of...
04.04.06 | |

30 Apr

...he would be making an enormous mistake, and I don’t think he will want to go the extra mile.” “I think the Iranian leadership is composed of very rational people. But I agree that such a capability, in the hands of Islamic fundamentalists who at particular moments could make different calculations, is dangerous.” According to Gantz, western pressure on Iran by means of diplomacy and economic sanctions has had an effect on Tehran’s rulers but a military response is still an option, albeit the last. Next up, Yuval Diskin, the...
30.04.12 | |

09 Apr

...law, nor its employment of “lawfare” to highlight international law, will be very successful against Russia. Lawfare’s main impact against the U.S. was to tie up many of its policies in domestic U.S. litigation. I don’t see that as an avenue against Russia. Moreover, the employment of lawfareish pressure tactics could easily be used as an excuse to avoid taking more strenuous or effective actions (e.g. tougher sanctions, increased military aid, etc.). I am not sure US conservatives should be eager to jump on this lawfare bandwagon, no matter how...
09.04.14 | |

27 Aug

...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...
27.08.07 | |

15 Jul

...food, health, etc.), represents the Council’s most effective system for independent human rights monitoring. In 2010, in the context of major discussions about the future of the Council, the same group of governments proposed the establishment of a Legal Committee to enforce compliance with the Code through sanctions. Other governments, the SRs themselves, and civil society groups have been highly critical of the way the Code has been used so far to stifle the work of the monitors and are strongly opposed to the creation of any compliance mechanism. In...
15.07.11 | |

07 Mar

...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....
07.03.11 | |

13 Feb

...day to eventually get rid of their nuclear program. Additionally, the U.S. and North Korea will start on bilateral talks aimed at restarting diplomatic relations and, probably, some sort of peace treaty aimed at ending the Korean War (remember that war?). Does the U.S. Congress get to weigh in? Not on the agreement itself, but since the U.S. has also promised to begin removing North Korea from its designation as a terror-sponsoring state list and also on ending U.S. trade sanctions, Congress will get to have their say, I’m sure....
13.02.07 | |