Search: extraterritorial sanctions
03 Feb AJIL Symposium: Comment on “A new International Human Rights Court for West Africa”
...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...23 May Implications of Security Council Veto on ICC Referral of Syrian Situation
...by the fact that opposition forces are implicated in the commission of atrocities as well, or that the Security Council needs to decide who (which side) should be prosecuted in advance of referring a situation to the court. What this conflict does indicate however, is the deepening entanglement between international courts and the Council, a theme which runs broadly through the Council’s peace and security work, and through its sanctions practice as well. This entanglement can be addressed in a few ways. The First, is greater clarity and better mechanisms...28 Aug Emerging Voices: “Do No Harm” and The Development of General Corporate Human Rights Obligations
...(e.g. someone who is HIV+ ) during hiring without a bona fide occupational qualification. Duties to protect A corporation cannot abet human rights violations in its business relations as defined by civil and criminal law. The responsibility to not abet violations may be broad and has been used to condemn corporations for any violations caused by the corporation’s supply chain, but the obligation cannot extend beyond current civil and criminal sanctions for vicarious liability due to agents, partners and co-conspirators. Human rights activists have argued for other legal tools, like...
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...05 Apr Weekday News Wrap: Thursday, April 5, 2012
...attacks. The US will move cautiously to ease some of its economic sanctions on Myanmar. The CIA reports that Iran has expanded its nuclear work in 2011. No venue has been decided yet for the Iran nuclear talks due to start on April 13, with Iran now suggesting that the talks could take place in Beijing, Beirut, Baghdad or even Damascus. Violence has erupted in Athens, after a pensioner committed suicide near the Parliament. The WTO Appellate Body held that the US ban on clove cigarettes is discriminatory because menthol...24 May Weekend Roundup: May 17 – 23, 2014
...African Constitutional Court in a landmark universal jurisdiction case involving alleged crimes against humanity committed in Zimbabwe in 2007. Tyler Cullis, meanwhile, reviewed to what extent the US would be legally and politically able to ease sanctions against Iran as part of a nuclear deal. In the last guest post of the week, Gabor Rona commented on the recent Serdar Mohammed v Ministry of Defence case on detention in a non-international armed conflict. Finally, Deborah shared her views on the Senate Foreign Relations Committee’s hearings on the AUMF, and as...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...
15 Nov Israel’s Brazen Attack on Al-Haq – Troubled from Apartheid Charges, Armed with Terrorism Designations and Blessed by U.S. Silence
...as Palestinian President Mahmoud Abbas’s efforts to obtain full membership at the UN) is “pure diplomatic terrorism” peaceful Boycott, Divestment, Sanctions (BDS) efforts are economic terrorism; legal work and engagement with international mechanisms is legal terrorism; and those who do such work are “Terrorists in Suits.” Perhaps, for Israel, even writing this article or any similar intellectual exercise is intellectual terrorism. Moreover, for Israel, any criticism of its human rights violations is antisemitism. Even calling Israel’s regime by its name and the accurate legal characterization, i.e., “apartheid,” is antisemitic. Likewise,...