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Search: extraterritorial sanctions

28 Aug

...(e.g. someone who is HIV+ ) during hiring without a bona fide occupational qualification. Duties to protect A corporation cannot abet human rights violations in its business relations as defined by civil and criminal law. The responsibility to not abet violations may be broad and has been used to condemn corporations for any violations caused by the corporation’s supply chain, but the obligation cannot extend beyond current civil and criminal sanctions for vicarious liability due to agents, partners and co-conspirators. Human rights activists have argued for other legal tools, like...
28.08.15 | |

11 Dec

...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,...
11.12.07 | |

01 Mar

...with the UN Charter framework, I am led to the conclusion that aggression cannot be defined as a crime under international law at this time. But this should not be too troubling. The Security Council continues to have the authority under Article 39 to find that a state has committed an act of aggression. And the Council continues to have the authority to impose sanctions on the offending state. And it should not be forgotten that individuals can be held personally accountable for war crimes, crimes against humanity, and genocide....
01.03.10 | |

23 May

...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...
23.05.14 | |

30 Nov

...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...
30.11.20 | |

24 Jul

...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...
24.07.20 | |

27 Oct

...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,...
27.10.14 | |

13 Feb

...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....
13.02.07 | |

27 Apr

ECOWAS will dispatch troops to both Mali and Guinea-Bissau in order to swiftly reinstate civilian rule after recent coups. In a Reuters exclusive, the US Senate, after a three-year investigation, is expected to find that the “enhanced interrogation techniques” used failed to yield counterterrorism breakthroughs. As a result of ongoing clashes between Sudan and South Sudan, the United States has circulated a draft resolution through the UN Security Council outlining sanctions if the two nations do not cease their strikes and resolve their many disputes. The US will move 9000...
27.04.12 | |

16 Apr

...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,...
16.04.12 | |

25 Apr

...Court of Justice against Chile to regain access to the Pacific Coast it lost in a 1904 Treaty concluded after the War of the Pacific of the 1880s. Eric Posner has a column on Kiobel over at Slate. Eager not to be left at a competitive disadvantage after the EU lifted economic sanctions earlier this week, the acting USTR is travelling to Myanmar to discuss a framework agreement on trade and investment. The UK has signed a mutual legal assistance agreement with Jordan, which, according to the Home Secretary, includes...
25.04.13 | |

29 Sep

...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...
29.09.24 | |