Search: extraterritorial sanctions

...sea. Over the course of the conflict, several issues like  the law of blockades, high seas freedoms and blue humanitarian corridors have cropped up. However, a crucial development which has almost sailed under the radar, has been the United Kingdom and Canada’s decisions to block all Russian-linked ships from their ports. Notably, similar deliberations are also currently ongoing in the European Union and the United States of America. The United Kingdom has given effect to this ban via the Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations 2022, and Canada...

...the existence of a grey zone is well-known. In practice the divide may not always be clearly visible. Yet, large parts of the debate have been devoted to the establishment of one or more criteria to decide what makes an instrument law (be it sanctions, formalities, intent, effect, substance, or belief). Thus, depending on how one distinguishes between law and non-law, informal law output may or may not be part of international law. If formalities or intent matter, a lot of the informal output would not be law. If, in...

...rights and freedoms under pressure in three distinct areas: (1) property protection; (2) data protection and privacy, and (3) freedom of movement in the EU. Panels will tackle a range of issues, including, for instance, the use and abuse of international investment arbitration, immunity from execution, or the use of targeted financial sanctions as a foreign policy tool. Confirmed speakers include Judge James Crawford (International Court of Justice), Judge Siofra O’Leary (European Court of Human Rights), Judge Allan Rosas (Court of Justice of the EU), Prof. Joseph Cannataci (UN Special...

...by the ICC. Ivory Coast’s former President Laurent Gbagbo seeks a delay of his trial at the ICC, claiming he is too ill. ECOWAS has urged the UN Security Council for a Chapter VII resolution authorizing intervention in Mali if talks with rebel groups fail. Jurist has a piece about Charles Taylor, Arms Dealers and Reparations. UN monitors in Syria were shot at while trying to investigate a massacre site, and Kofi Annan has said that an “all-out civil war” is imminent. Australia will lift the remaining sanctions on Myanmar...

...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...

...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...

...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,...

...or prosecute Americans’ and thereafter the US issued an Executive Order targeting senior personnel of the ICC, including the prosecutor herself, Fatou Bensouda, from The Gambia  with serious financial and travel sanctions.  One of the first acts of Mr. Khan upon becoming Prosecutor in 2021 was to “deprioritize” the investigation into American forces crimes and instead focus on the crimes allegedly committed by the Taliban and the Islamic State in Khorasan Province , an act seen in many places as capitulation to US pressure.  Reprising the US playbook, Russia has...

...ultimately complement the existing legal order, and is therefore “unlikely to undo the rules, norms, and structures that exist today.” Yet China’s greater legal role arguably now enables rather than constrains incentives to carve out zones of non-law in the maritime domain that are insulated against legal sanctions. Increasing geolegal power manifests as pressure on states to accede to China’s will, including its preference to resolve disputes bilaterally rather than through legal institutions. In 2012 the Philippines deployed navel assets to protect the disputed Scarborough Shoal, which provoked Chinese economic...

...Fourth Geneva Convention is generally understood to encompass a duty to search for persons on States’ own territory accused of having committed, or ordered the commission of, grave breaches, and to prosecute or extradite such persons. The Article’s reference to the ‘suppression’ of other violations of the Convention is understood to refer to the need to institute appropriate rules of engagement, administrative and disciplinary measures, and possibly criminal sanctions, in respect of one’s own armed forces.  Arguably it also covers the enactment of domestic criminal legislation based on the territorial,...

...of a British vessel by a French boat, and the firing on the protesting French vessels with a musket by a Jersey Militia re-enactment group member. At the end of the day, French fishing vessels left St. Helier and the tensions eased, but the legal controversy remains. As of 19 October, the French government gave a deadline of two weeks so that more fishing licenses would be granted, under the threat of sanctions towards Jersey and the UK.  This article will primarily deal with the relationship between the use of...

...objectives are all valid and important. But is questionable whether they can be achieved best through a broadening of the options for military force. International law offers alternative paths to the use of force to achieve rationales, such as accountability, deterrence or sanctioning of jus in bello violations, i.e. preventive diplomacy, lawful countermeasures, international criminal justice, sanctions etc. Broadening the categories of the use of forces has trade-offs. It weakens these options and their underlying regimes (e.g. non-coercive and non-violent response measures under Chapters VI and VIII of the Charter,...