Search: extraterritorial sanctions
07 Aug New Rule: Let’s Not Invade the Amazon
...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...25 Apr Weekly News Wrap: Monday, April 25, 2016
...the isolated state might conduct a nuclear test or a missile launch ahead of a ruling party meeting in May. Police in the Pakistani city of Karachi have arrested an al Qaeda operative who is on the United Nations sanctions list, a police official said on Friday. Indonesia on Friday defended its use of the death penalty for drug traffickers, just days after its representative was jeered at a U.N. narcotics conference, citing a steep rise in demand and consumption in Southeast Asia’s most populous country. Europe Finland’s highest administrative...01 Mar YJIL Online Symposium: First Response to Michael Glennon
...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....08 Dec Transitional Justice and Judicial Activism Symposium: Introduction
...no lack of ability or willingness to prosecute but there has been a conscious inclusive democratic decision to prioritize other forms of accountability than full or conventional criminal sanctions. Overall, my stance is that human rights tribunals need to develop techniques of adjudication that permit a constructive dialogue with domestic political and legal institutions and practices of transitional justice, a dialogue sensitive to context and the considerations that affect the relative legitimacy of transnational tribunals and domestic political and legal actors in addressing questions of justice related to political conflict....13 Feb North Korea Agrees to Nuclear Deal
...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....15 Feb Weekday News Wrap: Friday, February 15, 2013
...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)....06 May Michael Kearney on the Palestinian Declaration
...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...
02 Sep We Need to Talk About Genocide
...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...
05 Nov Justice Under Pressure: Strategic Litigation of Judicial Independence in Europe
...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...23 Nov Melbourne Journal of International Law, Vol. 11-1: Opinio Juris Online Symposium
...symposium. Our first contributor is Ramesh Thakur, Distinguished Fellow at the Centre for International Governance Innovation, and Professor of Political Science at the University of Waterloo, Canada. Professor Thakur’s article, ‘ Law, Legitimacy and United Nations’, identifies a gap between law and legitimacy in the practice of the United Nations and posits that this is a serious challenge to the authority of the organisation. Thakur detects this ‘ legitimacy deficit ’ with respect to a number of areas. He points to the difficulties with international sanctions regimes, the concerns regarding...