Search: extraterritorial sanctions
26 Nov Will Russia Comply with the ITLOS Ruling? Probably Not.
...is not in the cards. As this Russian law professor explains, “If Russia refuses to fulfill the requirements of the International Tribunal for the Law of the Sea regarding the Greenpeace case, it will not entail any sanctions. International law does not provide punishment for insubordination,” Labin said. I don’t want to overstate the significance of this incident, but if Russia fails to comply (unlike Ghana earlier this year) and does not participate in the Annex VII arbitration (per the China example) either, this is another serious problem for the...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...08 Sep Weekly News Wrap: Tuesday, September 8, 2015
...Kingdom, defense minister Michael Fallon said on Tuesday, as he defended the killing of a British Islamic State fighter; Prime Minister Cameron told parliament on Monday that he had approved an air strike against a vehicle carrying a British jihadist in Syria who he said was plotting attacks against Britain. The European Commission announced a 500 million euro ($557 million) package of measures on Monday to provide relief for farmers stung by slumping prices, triggered partly by the loss of exports to Russia due to EU sanctions against the country....15 Feb Weekday News Wrap: Friday, February 15, 2013
...to it in its battle against Japanese whaling in the Southern Ocean. The case raises interesting questions about the jurisdiction of US Courts over the activities of a vessel, flying the Australian flag but owned by a US incorporated society, in the Southern Ocean. At the SHARES blog, a new post outlines shared responsibility in UN targeted sanctions. Rosa Brooks shares some of her thoughts at Foreign Policy on sovereignty and imminence in Obama’s drone war. ASIL has a new Insight on China’s Straight Baseline Claim: Senkaku (Diaoyu) Islands (.pdf)....
02 Dec For the Biden Presidency, Promoting Human Rights in Asia Aligns Well with US Strategic Interests
...and other forms of sexual violence, and forced abortion.” Rather than coddling him, taking a tougher stance with Kim Jong Un, which could include a new sanctions regime, might help advance both First Generation rights (in terms of demanding greater respect for civil/political liberties) as well as Third Generation rights (the collective right to peace via nuclear disarmament). This would be to the advantage of the Biden administration because, per the McCain Institute, “how a regime treats its own people is often indicative of how it will behave in foreign...03 May Thoughts on Jens’s Post about the Kunduz Attack
...lower mental states such as dolus eventualis or recklessness? I worry about this argument. And here’s why. If intent = recklessness, then all cases of legitimate collateral damage would count as violations of the principle of distinction, because in collateral damage cases the attacker kills the civilians with knowledge that the civilians will die. And the rule against disproportionate attacks sanctions this behavior as long as the collateral damage is not disproportionate and the attack is aimed at a legitimate military target. But if intent = recklessness, then I see...10 May The Past, Present, and Future of the Veto: A Further Response to Professor Jennifer Trahan
...genocide, which is enshrined in the Genocide Convention. He stated: States Parties confirm that genocide whether committed in time of peace or war, is a crime under international law that they undertake to prevent and punish … A State Party may choose from among a range of measures – diplomatic pressure, economic sanctions, judicial initiatives, or the use of military force – to undertake to prevent or punish genocide. But the State Party’s choice is necessarily discretionary. (Quoted in William Schabas, Genocide in International Law, p. 496) Third: The Future...03 Nov Weekly News Wrap: Monday, November 3, 2014
...crash site, the Dutch prime minister said. Italy said on Friday it would close a sea rescue mission that has saved the lives of more than 100,000 migrants from Africa and the Middle East, a move one rights group warned could lead to a “surge of deaths” in the Mediterranean. Americas The United States has asked for targeted U.N. sanctions to be imposed on Yemen’s former president Ali Abdullah Saleh and two Houthi rebel leaders for threatening the peace and stability of Yemen and obstructing the political process. Sierra Leone...25 Jul Eyal Benvenisti’s World Is Already Here (Even in the United States)
...impacts would further complicate the adoption of some sort of IIS. Many executive branch activities with likely international impacts would be lodged in the Departments of State, Homeland Security, and Defense, activity that has historically been sheltered from such administrative requirements as the EIS and the Administrative Procedure Act. There is something cognitively dissonant about the concept of an International Impact Statement for, say, sanctions on Iran or the withdrawal of troops from Afghanistan. It’s even less likely that Congress would adopt a practice under which foreign stakeholder interests became...
25 Feb Terraforming Warfare and International Law
...December 2025) that ecological damage can be a significant factor in the various ICC crimes (war crimes, genocide, crimes against humanity, and the crime of aggression). The challenge is to turn this acknowledgement into effective prosecutorial actions. As Maud Sarliève and Pauline Martini noted, the OTP Policy: represents a significant development in international criminal law (ICL), clarifying that environmental destruction may lead to criminal accountability for individuals, and not to merely regulatory sanctions or civil liability. International humanitarian law (IHL) and international criminal law (ICL) have long struggled to account...