Search: extraterritorial sanctions

...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?...

...of all three legal regimes: to prevent human beings from suffering harm caused by acts considered to be the worst of the worst across the globe. Whether it entails prosecuting a war criminal or economic sanctions aimed at a State, the goal is the same, nonetheless. In my view, the divergence across the various enforcement bodies should be a question of degree of punishment, rather than the need for varying definitions of gravity across the different arenas of public international law. Admittedly, the malleability of gravity can be useful when...

...oversight to be expanded to more than a dozen other U.N. Security Council sanctions regimes to ensure fair process for the individuals and entities targeted. The chief U.N. investigator into human rights cases in North Korea said on Wednesday he has appealed to China to support calls to refer Pyongyang’s actions to The Hague on suspicion of crimes against humanity. The death toll from the Ebola epidemic has risen to 4,922 out of 10,141 recorded infections, with three West African countries accounting for most of the cases through October 23,...

...day to eventually get rid of their nuclear program. Additionally, the U.S. and North Korea will start on bilateral talks aimed at restarting diplomatic relations and, probably, some sort of peace treaty aimed at ending the Korean War (remember that war?). Does the U.S. Congress get to weigh in? Not on the agreement itself, but since the U.S. has also promised to begin removing North Korea from its designation as a terror-sponsoring state list and also on ending U.S. trade sanctions, Congress will get to have their say, I’m sure....

...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,...

...regarded as having a functional character. States try to protect social bonds of attachment against mere formal nationality imposed by the technicalities of law. This functional inquisition is evident in diverse fora. For example in the case of UN sanctions, such as those against Serbia and Iran, the relevant Security Council Resolutions considered the nationality of the vessel based on ownership or contract terms, regardless of the flag under which the ship may sail. (see UN SC Res 787 (1992) and UN SC Res 1929 (2010)). Essentially then, Article 91(1)...

...to come. Afterwards, a panel of counter-terrorism experts will examine the relevance of transitional justice for counter-terrorism. Register here. Panel Discussion: The T.M.C. Asser Instituut is hosting the free event “Secondary Sanctions and the International Legal Order” at 18:00 CET on 5 November 2024 in The Hague, the Netherlands. Register here. The Law of International Society: A Road Not Taken : The Center for Critical Democracy Studies at the American University of Paris is pleased to invite you to a lecture by Martti Koskenniemi (University of Helsinki) on: “The Law...

...other measures based on their capacity to influence the events and their legal positioning vis-à-vis the situation concerned. Still, it is hard to see how, in at least certain atrocity situations and despite Article 103 of the UN Charter a member wielding the veto against a Chapter VII resolution that, for example, imposes sanctions prohibiting all UN Members from supplying weapons to a brutal regime that is known to use those weapons to commit genocidal acts against a protected group would be compatible with such positive duties. Admittedly, the present...

...still requires improvements. In particular, there is a need to clarify the obligation of transnational corporations to respect human rights,  the need to strengthen legal mechanisms to implement the treaty and sanctions in case of non-compliance, among others. One of the elements that has been a source of tension in the negotiation of a legally binding instrument is the recognition of the principle of human rights supremacy in the face of international economic agreements (IEAs). This concern was also raised by a group of civil society organisations recognising the need...

...(Via Instapundit) Closely examining the Darfur, Sudan, genocide, and making reference to other genocides, this Article argues that the genocide prevention strategies which are currently favored by the United Nations are ineffective. The Article details the failures of targeted sanctions, UN peacekeepers, and other anti-genocide programs. Then, the Article analyzes the Genocide Convention and other sources of international human rights law. Because the very strong language of the Genocide Convention forbids any form of complicity in genocide, and because the Genocide Convention is jus cogens (meaning that it prevails over...

...of Brazilians. He may have considered the US position as an insult to Brazil as a whole, and not a matter that concerned solely the military. He probably did not consider the legal background of the 200nm claim, but he certainly thought Brazil was in the right to insist in its claim. Nogueira later stated that he read newspapers during his breaks at work, and he thought it was outrageous that the US was threatening to impose sanctions and stop buying Brazilian coffee if Brazil upheld its 200nm claim. The...

...of parties to conflict committing grave violations against children; The establishment of a monitoring and reporting mechanism on the so called six grave violations against children (Recruitment and use of children, rape and other forms of sexual violence, killing and maiming, abductions, attacks on schools and hospitals, denial of humanitarian assistance); The creation of the Security Council Working Group on Children and Armed Conflict; The endorsement of action plans, UN contracts with parties to conflict to halt and prevent violations and The adoption or mere threat of sanctions against parties...