Search: extraterritorial sanctions

...respect to the subject matter thereof,… as if the subject matter of the arbitration were pending before a superior court of this state in a civil action…. (b) The arbitrator or arbitrators themselves shall have power, in addition to the power of determining the merits of the arbitration, to enforce the rights, remedies, procedures, duties, liabilities, and obligations of discovery by the imposition of the same terms, conditions, consequences, liabilities, sanctions, and penalties as can be or may be imposed in like circumstances in a civil action by a superior...

...and anti-corruption blogger Alexei Navalny, who is restricted from travelling outside Moscow, has requested permission to visit Sochi. France will have “significant commercial opportunities” in Iran if sanctions are lifted, but Tehran first has to prove its good faith in abiding by nuclear undertakings, Finance Minister Pierre Moscovici said. Oceania Australia has approved a plan to dump millions of tons of sediment near the Great Barrier Reef as part of a major coal port expansion – a decision that environmentalists say will endanger one of the world’s most fragile eco-systems....

...sanctions or even use of force if it refused to protect the rainforest might be feasible”. While he does not personally recommend this approach, he does conclude that the chances of this happening are “increasing”. The article has generated a lot of conversation within the Latin American international law community, and especially, of course, in Brazil. The ensuing discussion raised concerns not just on the merits of the article itself (why does the question of expansive criteria for the use of force arise only in cases involving developing nations and...

...approach its new powers lightly – the decision is hefty 43 pages and the CC judges tried to point to some form of compromise alluding to potential future sanctions not involving disenfranchisement, thus, arguably, acknowledging the sensitivity of the matter. Anchugov and Gladkov shows that the CC, despite having ruled on the impossibility of executing the ECtHR decision, did so in a rather cautious way. This could be attributed to the novelty of this exercise or the desire of the CC to avoid direct and open confrontation with the ECtHR....

...billion when it can’t manage a conference? Both sides would be right but their questions come from completely different perspectives. This is the fundamental divide in climate negotiations – there seems to be no reason to trust each other. Much is written these days about the need for building trust. Political scientists and international lawyers offer many solutions: credible commitments to resolve time inconsistencies, contingent and conditionality-based support, procedures for monitoring and verification, reciprocity in actions, and compliance-oriented sanctions. But international negotiations, in general, and climate negotiations, in particular, have...

...to it in its battle against Japanese whaling in the Southern Ocean. The case raises interesting questions about the jurisdiction of US Courts over the activities of a vessel, flying the Australian flag but owned by a US incorporated society, in the Southern Ocean. At the SHARES blog, a new post outlines shared responsibility in UN targeted sanctions. Rosa Brooks shares some of her thoughts at Foreign Policy on sovereignty and imminence in Obama’s drone war. ASIL has a new Insight on China’s Straight Baseline Claim: Senkaku (Diaoyu) Islands (.pdf)....

...rejecting its claim that the crimes committed in Venezuela resulted from the imposition of U.S. sanctions, as this lacked evidentiary basis (para. 7). If the speculations on a sealed ICC warrant are correct, one may wonder what the prospects are of Maduro being surrendered to The Hague. The U.S. is not a party to the Rome Statute and the Court can only invite non-state parties to collaborate (para. 32) through an arrest warrant referral, but cannot oblige execution (Article 59 of the Rome Statute). It is also safe to suppose...

...our work were not there for a variety of reasons, including resources, sanctions, travel restrictions, and the limitations on non-ECOSOC-accredited civil society. Our perspectives matter because the world’s understanding of crimes against humanity is not confined to narrow legal frameworks or isolated examples over time. Rather, it has evolved through the lived experiences of victims, survivors, and affected communities. Our lives and experiences populate the understanding of these crimes that shock the conscience of humanity. However, we remain on the margins of such processes. One of us, Metra, is from...

...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....

...under customary international law, and many are widely recognised as being subject to universal jurisdiction. There is an obligation upon all states to enact effective penal sanctions in domestic law and an obligation to search for and to try or extradite persons suspected of grave breaches on the basis of universal jurisdiction, regardless of the nationality of the perpetrator.’ (Al-Haq, para 33) The grave breaches of the Geneva Conventions documented in the Goldstone Report are alleged to constitute war crimes and possibly crimes against humanity. The UN General Assembly resolution...

...reaches 40. This means that many Israelis, if not themselves suspected of criminal acts, are potential sources of information regarding events in Gaza and the West Bank – whether a bomb dropped on a café, or tank and rifle fire directed at Palestinians seeking food or medical assistance. Israelis, understandably, want and like to travel – whether to Australia, Canada, the United Kingdom, Africa, Europe or Latin America. If governments were serious about sanctions and about their international duty to prevent and to punish genocide and to bring an end...

...in which judicial independence has been, or is being, eroded across the EU.  Illustrating the Range of Judicial Independence Issues Adjudicated Litigation has commonly responded to frontal attacks on judges’ independence, such as arbitrary dismissals, unfounded disciplinary sanctions, or even the growing criminalization of the judicial role, often as reprisals against judges exercising independence or opposing powerful actors abuse of power. Many cases involving Poland, such as Dolińska-Ficek and Ozimekf v Poland, challenged the arbitrary removal of Polish judges and their replacement by ‘neo judges’ on the judicial council, which...