Search: extraterritorial sanctions
07 Mar Are the Security Council Resolutions Against Iran “Illegal”?
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 Mar Humanitarian Intervention in Libya: Follow-up Post
...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....27 Oct Weekly News Wrap: Monday, October 27, 2014
...oversight to be expanded to more than a dozen other U.N. Security Council sanctions regimes to ensure fair process for the individuals and entities targeted. The chief U.N. investigator into human rights cases in North Korea said on Wednesday he has appealed to China to support calls to refer Pyongyang’s actions to The Hague on suspicion of crimes against humanity. The death toll from the Ebola epidemic has risen to 4,922 out of 10,141 recorded infections, with three West African countries accounting for most of the cases through October 23,...
23 May New Trends in International Justice
...veto on Syria. This prevented the referral of Syria to the ICC in May 2014 as well as the adoption of numerous resolutions calling for cease fires and delivery of humanitarian aid. On Myanmar, China’s threatened veto blocked not only a referral of Myanmar to the ICC, but even Security Council debate over an arms embargo and sanctions following the upsurge of the ethnic cleansing campaign there in August 2017. For Myanmar this has left the ICC, intended to be the centerpiece of a “system” of international justice, restricted to...27 Apr Weekday News Wrap: Friday, April 27, 2012
ECOWAS will dispatch troops to both Mali and Guinea-Bissau in order to swiftly reinstate civilian rule after recent coups. In a Reuters exclusive, the US Senate, after a three-year investigation, is expected to find that the “enhanced interrogation techniques” used failed to yield counterterrorism breakthroughs. As a result of ongoing clashes between Sudan and South Sudan, the United States has circulated a draft resolution through the UN Security Council outlining sanctions if the two nations do not cease their strikes and resolve their many disputes. The US will move 9000...21 May Guest Post: Foreign Official Immunity and the Chinese Cyberespionage Indictments
...cyberespionage by its military (based on the argument that such activity is not commercial in nature), then denying conduct-based immunity to Chinese officials for the same acts would reinforce the disjunction between foreign state immunity and foreign official immunity in U.S. courts. At a broader level, the announcement of indictments against named Chinese officials reinforces a trend towards focusing pressure on individuals associated with undesirable state policies, whether through immigration enforcement or targeted sanctions. The full implications of this trend for international law and international relations remain to be seen....21 Jul Guest Post: Jurisdictional Aspects of the Article 12(2) Rome Statute Vessel Provision: Some Thoughts on the Provision’s Dogma and Implementation in light of the Comoros Referral
...regarded as having a functional character. States try to protect social bonds of attachment against mere formal nationality imposed by the technicalities of law. This functional inquisition is evident in diverse fora. For example in the case of UN sanctions, such as those against Serbia and Iran, the relevant Security Council Resolutions considered the nationality of the vessel based on ownership or contract terms, regardless of the flag under which the ship may sail. (see UN SC Res 787 (1992) and UN SC Res 1929 (2010)). Essentially then, Article 91(1)...
07 Mar The Elephant in the Room: Invoking and Exercising the Right of Collective Self-Defence in Support of Ukraine against Russian Aggression
...carefully choreographed mantra on three points: first, recognition of the pro-Russian separatist regions of Donetsk and Luhansk is unacceptable and involves a grave violation of international law; second, if Russia invades Ukraine it will have to face severe sanctions; and third, leaving aside the delivery of weapons and other support, NATO and western States will not participate militarily in a Russian-Ukrainian conflict. A number of legal and political issues arise with respect to these positions, and this contribution will zoom in on the last issue. Since the start of the...
04 Jun ICL and Environmental Protection Symposium: International Criminal Law as a Tool for Corporate Responsibility for Environmental Crimes (Part I)
...has caused long lasting environmental damages. Peoples’ tribunals have been very active in the field of corporate responsibility for environmental damage. Triggered and set up by the victims’ organizations, some of these tribunals have contributed to the legal debate on violations not yet recognized by international law or insufficiently explored by international courts. As a result, the Monsanto Tribunal analyzed the new legal concept of the crime of ecocide by the company Monsanto. According to the Monsanto “jury”, the increase in criminal sanctions in trials relating to environmental damage before...21 Jan Reflections on the Ugandan Anti-Homosexuality Bill
...a foreign relations matter, the proposed legislation also raises the significant practical issue of pragmatic transnational norm advocacy. What is the most effective response for those in the West who wish to defeat this bill? Is it threats of economic sanctions, démarches from European diplomats, or pastoral letters from one (famous) clergyman to another? Is the best recipe for success a mix of carrots and sticks, or a soft appeal to reason and conscience? I for one have little doubt that on an issue like this someone like Rick Warren...