Search: extraterritorial sanctions
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...11 Dec Chambers Lists Top Public International Law Firms
...practice in this area: Public international law (PIL) is not only relevant to governments these days, it is increasingly the concern of multinational corporations and individuals. International law now affects many corporate and financial transactions; companies need to be aware of the impact of such issues as sanctions, export controls, anti-corruption conventions, rules for combating crime and terrorism, and regimes of environmental accountability. PIL also often overlaps with WTO and human rights issues. Investor-state arbitrations are on the rise. Some may argue that this does not constitute pure PIL work,...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...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...
03 Feb ICC and Palestine Symposium: ‘Injustice Anywhere is a Threat to Justice Everywhere’ – Palestine, Israel, and the ICC
...by his recent and vocal bout of almost paranoid hysteria. He has admonished the ICC as “anti-Semitic” which is both unhinged and non-sensical, as evidenced by a complete lack of evidence backing up this assertion and his own cozying up with anti-Semitic political leaders to undermine the Court. He has encouraged citizens of democracies to pressure their governments to issue sanctions against the Court, “its officials, its prosecutors, everyone.” Along with Israeli President Reuven Rivlin, Netanyahu stooped to the depths of politicizing the anniversary of the liberation of Auschwitz and...
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...15 May Guest Post: The End of the Road for Ngudjolo and the Stacked Odds Against ICC Acquitted
...Ngudjolo deported from the Netherlands. Interestingly, the website for the 1533 Sanctions Committee still lists Ngudjolo as being subject to a UN travel ban, although this does not seemed to have proven a hindrance. The Ngudjolo case is another instalment in the story of the ICC’s growing pains, and in The Netherlands’ fight to minimise the impact of it hosting the Court. This story will go on as the ICC continues its operations and more judgments are rendered, and it is hoped that in future the odds become a bit...
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...04 Nov Roper v. Simmons and Our Constitution in International Equipoise
...Eighth Amendment jurisprudence to a natural law approach, with all the attendant problems associated therewith. I argue that: “The Court’s references to comparative experiences are best understood as objective signposts in the Court’s search for constitutional limits grounded in natural law…. If Glucksberg defines the objective limitations on substantive due process, Roper defines the objective limitations on cruel and unusual punishment. It prohibits excessive sanctions based on the “objective indicia of [a national] consensus” confirmed by “fundamental rights” affirmed by “other nations.”… The difference of course is that Glucksberg looks...