Search: extraterritorial sanctions
04 Dec UNSC Veto Power Symposium: Reply to Professors Sterio and Clark, and Dr. McDougall
...obligations have direct relevance (see discussion Chapter 4.3.6.1) especially in light of the double veto by China and Russia of a resolution that would have condemned the crimes being committed in Myanmar (draft resolution S/2007/14). Chapter 5.2 additionally discusses how veto threats in the face of alleged genocide, as well as crimes against humanity and war crimes, in Darfur weakened the sanctions regime and weakened and delayed peacekeeping. The vetoes and veto threats in both these situations appear the exact opposite of adhering to the due diligence obligation to “prevent”...
30 Mar Walking on Thin Ice: Balancing Trade and Security Interests at the WTO
...the panels left the interpretation of the term “essential security interests” open so as to accommodate various interests of the Members. However, the reliance on Article XXI(b)(iii) GATT would require an occurrence of an extreme form of deterioration of international relations. Certainly, this degree of gravity in international relations will be rarely met. Hence, this interpretation of the security exceptions significantly curtails the policy space for the WTO Members to impose trade-restrictive measures in the form of targeted unilateral sanctions or tit-for-tat measures under the aegis of Article XXI(b)(iii) GATT....07 Aug New Rule: Let’s Not Invade the Amazon
...sanctions or even use of force if it refused to protect the rainforest might be feasible”. While he does not personally recommend this approach, he does conclude that the chances of this happening are “increasing”. The article has generated a lot of conversation within the Latin American international law community, and especially, of course, in Brazil. The ensuing discussion raised concerns not just on the merits of the article itself (why does the question of expansive criteria for the use of force arise only in cases involving developing nations and...
12 Jul Intervention in Civil Wars Symposium: The Importance (and Limitations) of Legitimacy During Foreign Intervention in Civil Wars
...the request of President Assad. Although several states criticized this decision, none deemed it unlawful (160). Libya offers a similar example, where the Gaddafi government’s repressive and violent response to Arab Spring protests led the U.N. Security Council to impose sanctions and refer the matter to the International Criminal Court. Like with Syria, numerous states concluded that the Gaddafi government was no longer legitimate and had lost the consent of the Libyan people. And like the SOC in Syria, several governments recognized the National Transitional Council as the true representative...16 Sep Guest Post: The Lawless Presidency of Marco Rubio–A Reply to Professor Ku
...convinced. According to Professor Ku, nothing in the “Iran Nuclear Agreement Review Act explicitly (or implicitly) authorize[s] the President to make an agreement with Iran that would go beyond the President’s existing constitutional powers to make sole-executive agreements or nonbinding political commitments.” This claim boldly ignores the Iran Act’s key operative provisions. The Act specifically defines “agreement” to include any accord with Iran “regardless of whether it is legally binding or not.” § 2610e(h)(1). It then authorizes the President to implement sanctions relief unless Congress enacts “a joint resolution stating...
17 Jun Unraveling Universal Civil Jurisdiction: A Novel Ground for Global Justice?
...to, lawful sanctions), whether physical or mental, is intentionally inflicted on that individual for such purposes as obtaining from that individual or a third person information or a confession, punishing that individual for an act that individual or a third person has committed or is suspected of having committed, intimidating or coercing that individual or a third person, or for any reason based on discrimination of any kind; and (2) mental pain or suffering refers to prolonged mental harm caused by or resulting from— (A) the intentional infliction or threatened...