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...03 Feb Weekly News Wrap: Monday, February 3, 2014
...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....18 May Witness Tampering and Obstruction of Justice in International Arbitration
...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...20 Jun Accountability for Flight MH17: A Long and Winding Road …
...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...23 Mar A Dissenting View on Paul Kagame
...African Union, the country had made significant progress toward political pluralism, but parties were still “not able to operate freely” and faced legal sanctions if accused of engaging in divisive acts. The government’s continuing campaign against divisionism discouraged debate or criticism of the government and resulted in brief detentions and the holding of one political prisoner, former minister Ntakarutinka. All political organizations were constitutionally required to join the Forum for Political Organizations, which continued to limit competitive political pluralism, according to the 2006 APRM report. Despite a June 2007 law...
25 Feb Terraforming Warfare and International Law
...December 2025) that ecological damage can be a significant factor in the various ICC crimes (war crimes, genocide, crimes against humanity, and the crime of aggression). The challenge is to turn this acknowledgement into effective prosecutorial actions. As Maud Sarliève and Pauline Martini noted, the OTP Policy: represents a significant development in international criminal law (ICL), clarifying that environmental destruction may lead to criminal accountability for individuals, and not to merely regulatory sanctions or civil liability. International humanitarian law (IHL) and international criminal law (ICL) have long struggled to account...26 Nov Will Russia Comply with the ITLOS Ruling? Probably Not.
...is not in the cards. As this Russian law professor explains, “If Russia refuses to fulfill the requirements of the International Tribunal for the Law of the Sea regarding the Greenpeace case, it will not entail any sanctions. International law does not provide punishment for insubordination,” Labin said. I don’t want to overstate the significance of this incident, but if Russia fails to comply (unlike Ghana earlier this year) and does not participate in the Annex VII arbitration (per the China example) either, this is another serious problem for the...25 Jul Eyal Benvenisti’s World Is Already Here (Even in the United States)
...impacts would further complicate the adoption of some sort of IIS. Many executive branch activities with likely international impacts would be lodged in the Departments of State, Homeland Security, and Defense, activity that has historically been sheltered from such administrative requirements as the EIS and the Administrative Procedure Act. There is something cognitively dissonant about the concept of an International Impact Statement for, say, sanctions on Iran or the withdrawal of troops from Afghanistan. It’s even less likely that Congress would adopt a practice under which foreign stakeholder interests became...18 Oct Weekday News Wrap: Thursday, October 18, 2012
The US and Israel are set to hold a joint missile exercise later this month, displaying their close cooperation in the face of Iran’s nuclear program development. Both Uganda and Rwanda have denied involvement with rebels in the Democratic Republic of the Congo and call recent allegations by the UN “rubbish.” Russia has criticized the European Union for the recent sanctions it placed on Iran and called for a fresh round of talks as soon as possible. In a rare show of unity, Iran and Turkey have expressed support for...08 Oct Guest Post: On ‘Humanitarian Intervention’, ‘Lawmaking’ Moments and What the ‘Law Ought to Be’–Counseling Caution Against a New ‘Affirmative Defense to Art. 2 (4)’ After Syria
...objectives are all valid and important. But is questionable whether they can be achieved best through a broadening of the options for military force. International law offers alternative paths to the use of force to achieve rationales, such as accountability, deterrence or sanctioning of jus in bello violations, i.e. preventive diplomacy, lawful countermeasures, international criminal justice, sanctions etc. Broadening the categories of the use of forces has trade-offs. It weakens these options and their underlying regimes (e.g. non-coercive and non-violent response measures under Chapters VI and VIII of the Charter,...