Search: extraterritorial sanctions

...different administrations.  The Nuclear Deal marked an important milestone: it brought together various state parties (despite varying degrees of diplomatic discord and antagonistic relations) who were able to reach a multilateral accord on highly sensitive issues. From its very inception, the deal was heralded by the UN as a positive step towards advancing international peace and security through detailed and comprehensive commitments. Its main purpose was to impose restrictions on Iran’s nuclear enrichment program in exchange for substantial economic relief in the form of the lifting of sanctions.  However, it...

...sufficient number of centrifuge machines to acquire large-scale production capacity, it will kick out the IAEA inspectors and begin rapid production of weapons-grade uranium. In light of the threat that an Iranian nuclear weapons program would pose, the United States must not allow this scenario to unfold. In the near term, it makes sense to pursue negotiated solutions, and to work through the U.N. Security Council to continue application of sanctions. If, however, Iran continues to expand its uranium enrichment capacity, the United States should launch a preemptive strike to...

...woman or girl substantial pain or suffering, most notably where the pregnancy is the result of rape or incest or is not viable. In addition, States parties may not regulate pregnancy or abortion in all other cases in a manner that runs contrary to their duty to ensure that women and girls do not have to undertake unsafe abortions, and they should revise their abortion laws accordingly. For example, they should not take measures such as criminalizing pregnancies by unmarried women or apply criminal sanctions against women and girls undergoing...

This week on Opinio Juris, Kevin accused the ICC of fiddling while Libya burns, and relayed news in the Libyan press that Al-Senussi’s and Gaddafi’s trial will start mid-April. He also analysed whether Luis Moreno-Ocampo’s possible representation of LRA victims at the ICC would amount to a conflict of interest. Roger followed up on his earlier post about using trade remedies to enforce arbitration awards to argue that these remedies are WTO compliant. Kristen discussed sanctions against Russia and Julian asked whether the US’ spying on Huawei violates international law....

...has caused long lasting environmental damages. Peoples’ tribunals have been very active in the field of corporate responsibility for environmental damage. Triggered and set up by the victims’ organizations, some of these tribunals have contributed to the legal debate on violations not yet recognized by international law or insufficiently explored by international courts. As a result, the Monsanto Tribunal analyzed the new legal concept of the crime of ecocide by the company Monsanto. According to the Monsanto “jury”, the increase in criminal sanctions in trials relating to environmental damage before...

...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...

...by Mothers of Srebrenica. The US and the Philippines have started their annual military exercises, involving 7000 troops, close to the disputes South China Sea waters. Australia has decided to lift financial sanctions and travel bans against more than 200 officials in Myanmar. Hearings in the tobacco giants’ High Court case challenging the legality of Australia’s plain packaging legislation will start tomorrow. In a move welcomed by the US and the IMF, China widened the trading band of the Yuan. On the first day of trading in this broader band,...

...carefully choreographed mantra on three points: first, recognition of the pro-Russian separatist regions of Donetsk and Luhansk is unacceptable and involves a grave violation of international law; second, if Russia invades Ukraine it will have to face severe sanctions; and third, leaving aside the delivery of weapons and other support, NATO and western States will not participate militarily in a Russian-Ukrainian conflict. A number of legal and political issues arise with respect to these positions, and this contribution will zoom in on the last issue. Since the start of the...

...a foreign relations matter, the proposed legislation also raises the significant practical issue of pragmatic transnational norm advocacy. What is the most effective response for those in the West who wish to defeat this bill? Is it threats of economic sanctions, démarches from European diplomats, or pastoral letters from one (famous) clergyman to another? Is the best recipe for success a mix of carrots and sticks, or a soft appeal to reason and conscience? I for one have little doubt that on an issue like this someone like Rick Warren...

[Kristina Daugirdas is a Professor of Law at the University of Michigan Law School.] Absent a contractual relationship, individuals who have been harmed by the acts of international organizations rarely have access to institutions to hear their claims. National courts are often unavailable on account of organizations’ immunities. Some organizations have established alternative mechanisms to resolve such claims. The World Bank Inspection Panel is one example; the Ombudsperson for the ISIL and Al-Qaida UN Security Council Sanctions regime is another. Such accountability mechanisms must be deliberately designed, adopted, and implemented....

...food, health, etc.), represents the Council’s most effective system for independent human rights monitoring. In 2010, in the context of major discussions about the future of the Council, the same group of governments proposed the establishment of a Legal Committee to enforce compliance with the Code through sanctions. Other governments, the SRs themselves, and civil society groups have been highly critical of the way the Code has been used so far to stifle the work of the monitors and are strongly opposed to the creation of any compliance mechanism. In...

...student ponders why Argentina wasn’t bailed out like banks were in 2008 or Credit Suisse is today. Was a state of 50 million not too big to fail? Are odious debt and economic sanctions not also expressions of unlawful force? They quote Special Rapporteur Alena Douhan favourably; what’s the point of UN mechanisms if Euro-America can deploy international law with tactical impunity? A final student asks about the status of Palestine. If it declares itself a state, if 140 states recognise it as a state, is it not a state?...