Search: extraterritorial sanctions

...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...

...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....

...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...

...Fourth Geneva Convention is generally understood to encompass a duty to search for persons on States’ own territory accused of having committed, or ordered the commission of, grave breaches, and to prosecute or extradite such persons. The Article’s reference to the ‘suppression’ of other violations of the Convention is understood to refer to the need to institute appropriate rules of engagement, administrative and disciplinary measures, and possibly criminal sanctions, in respect of one’s own armed forces.  Arguably it also covers the enactment of domestic criminal legislation based on the territorial,...

...an option given Russia’s role and veto power. (For the background legal context leading up to the Lockerbie trial, see here; and for an analysis of the verdict, see here.) The International Court of Justice was also approached by Libya and ruled that it had jurisdiction to proceed with the case – before the proceedings were terminated by the agreement of all parties. And of course, it is worth also remembering the role of economic sanctions in bringing pressure to bear. What the Lockerbie trial indicates is that there were...

...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....

...whether a specific weapons part was used to commit a specific violation. It is the very relationship itself between company and state that enables, among other things, the systemic violation of Palestinians’ right to self-determination. And as Albanese points out, the systemic nature of this violation invalidates ‘paternalistic’ arguments about the economic benefits of continued engagement with Israel’s occupation regime. The response to Albanese’s report has confirmed its significance. Nine days after Albanese filed the report, the US government announced it was imposing sanctions on her for ‘writing threatening letters...

...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...

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...

[Faraz Shahlaei is an Adjunct Professor/J.S.D. Candidate at Loyola Law School, Los Angeles and one of the authors of this communication] Photo credit: Mufid Majnun Introduction In 2016, two reports of the Independent Person appointed by the World Anti-Doping Agency (WADA) to investigate allegations of State-sponsored doping of Russian athletes during the 2014 Sochi Winter Olympic Games (first report, second report) revealed that Russia had been running for years a sophisticated covert doping program. As a result, the International Olympic Committee (IOC) and WADA imposed sanctions on dozens of athletes...

...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...