Search: extraterritorial sanctions
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...
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...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...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....24 May Weekend Roundup: May 17 – 23, 2014
...African Constitutional Court in a landmark universal jurisdiction case involving alleged crimes against humanity committed in Zimbabwe in 2007. Tyler Cullis, meanwhile, reviewed to what extent the US would be legally and politically able to ease sanctions against Iran as part of a nuclear deal. In the last guest post of the week, Gabor Rona commented on the recent Serdar Mohammed v Ministry of Defence case on detention in a non-international armed conflict. Finally, Deborah shared her views on the Senate Foreign Relations Committee’s hearings on the AUMF, and as...21 Jan Reflections on the Ugandan Anti-Homosexuality Bill
...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...17 Sep The Middle Kingdom Strikes Back: China Files WTO Case Against the U.S.
China announced today it has requested consultations with the United States over the imposition of U.S. duties on certain Chinese paper products. This is WTO-speak for: “We’re filing a lawsuit”. This marks the first time China has ever used the WTO dispute settlement procedures on its own (it joined in Europe’s suit against the U.S. steel tariffs). The robust U.S-China trade relationship has hit a few bumps in recent years, and the new relatively anti-trade Democratic Congress has made things worse by threatening all sorts of nasty sanctions against China....
07 Mar The Elephant in the Room: Invoking and Exercising the Right of Collective Self-Defence in Support of Ukraine against Russian Aggression
...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...
30 Mar Symposium on COVID-19 and International Law: Introduction
...Maintain Open Trade on Critical Supplies Douglas Guilfoyle: Teaching Public International Law in the Time of Coronavirus—Migrating Online Matt Pollard, Mathilde Laronche and Viviana Grande: The Courts and Coronavirus (Part 1 and Part 2) Nina Sun and Livio Zilli: The Use of Criminal Sanctions in COVID-19 Responses—(Exposure and Transmission, Part 1, and Enforcement of Public Health Measures, Part 2) Leó n Castellanos-Jankiewicz: US Border Closure Breaches International Refugee Law Priya Pillai: COVID-19 and Migrants–Gaps in the International Legal Architecture? Marcos D. Kotlik and Ezequiel Heffes: COVID-19 in Conflict-Affected Areas–Armed Groups...