Search: extraterritorial sanctions
25 Nov Weekly News Wrap: November 25, 2013
Your weekly selection of international law and international relations headlines from around the world: Middle East Iran and six world powers clinched a deal to curb the Iranian nuclear program in exchange for initial sanctions relief, signalling the start of a game-changing rapprochement that would reduce the risk of a wider Middle East war, though a “tough road ahead” awaits those working to turn the interim accord into a comprehensive agreement. Duncan weighed in with his thoughts here. Rebels led by al Qaeda-linked fighters have seized Syria’s largest oilfield, cutting...08 Dec Transitional Justice and Judicial Activism Symposium: Introduction
...no lack of ability or willingness to prosecute but there has been a conscious inclusive democratic decision to prioritize other forms of accountability than full or conventional criminal sanctions. Overall, my stance is that human rights tribunals need to develop techniques of adjudication that permit a constructive dialogue with domestic political and legal institutions and practices of transitional justice, a dialogue sensitive to context and the considerations that affect the relative legitimacy of transnational tribunals and domestic political and legal actors in addressing questions of justice related to political conflict....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....
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...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...20 Jun Accountability for Flight MH17: A Long and Winding Road …
...an option given Russia’s role and veto power. (For the background legal context leading up to the Lockerbie trial, see here; and for an analysis of the verdict, see here.) The International Court of Justice was also approached by Libya and ruled that it had jurisdiction to proceed with the case – before the proceedings were terminated by the agreement of all parties. And of course, it is worth also remembering the role of economic sanctions in bringing pressure to bear. What the Lockerbie trial indicates is that there were...
02 Apr What does the Bogota Declaration Mean for Corporations?
...two economies, and accurately responds to customary principles of third-state responsibility. It shifts the focus to the purpose of these efforts –rendering occupation and genocide unprofitable. At the same time, the Bogotá Declaration is far from comprehensive. More measures should be considered in future texts, such as imposing financial sanctions that prohibit economic relations with individuals and entities complicit in Israel’s illegal occupation (as some countries have done to some extent), and the purchase of Israeli weapons. Further, the Bogotá Declaration makes no explicit mention of measures to prevent military...