Search: extraterritorial sanctions
22 Jan Does President Obama Need Congress’s Approval to Sign a Nuclear Deal with Iran? Can Congress Force Him to Get Their Approval?
there is the same kind of Article II tradition in this area. The closest analogy I can come up with off the top of my head is the normalization of relations with China in 1979, which lifted sanctions, but did not involve a comprehensive Article II treaty. On the other hand, the sanctions regime for Iran is enormously complex and much more extensive than the pre-1979 China sanctions. Many of the Iran sanctions may not be waiveable by the President, and the new sanctions bill will certainly make most of...18 Jun Sanctioning the ICC: A Guide to U.S. Law (Part I)
they are in the sanctions crosshairs. This post will discuss the various parts of the executive order announcing the sanctions, and the law on which it based. A second post to follow will address some additional ramifications of the order and what to expect going forward. The Operative Law The law that President Trump invoked to establish the sanctions program is the International Emergency Economic Powers Act (IEEPA). IEEPA is one of over 136 emergency powers that Congress has delegated to the President over the years, and as such it...20 Sep Use the Sanctions Power Against Bashir
...policy on peace and security issues, and joint condemnation of international crimes. This is an important moment for the UN Security Council to back the ICC. The Sudan Sanctions Committee should expeditiously add Bashir to the sanctions list which would place all states under a clear obligation to prevent his travel around the globe. In addition to the chair, currently Her Excellency Mrs. Maria Cristina Perceval (Argentina), and two vice chairs, Australia and Azerbaijan, all Security Council members are on the sanctions committees. One hopes that Russia and China will...
26 Feb Time for the US to Reset Its Policy on the ICC & Reassume Leadership in International Justice
groups, and academic institutions. Threatening officers of a judicial institution with sanctions and then imposing them is no way for a country that abides by the rule of law to deal with Court officials pursuing their mandates. Imposition of sanctions has also come at a reputational cost. The sanctions created the optics of the US attempting to derail the ICC’s work—and desperate enough to employ thuggish tactics to achieve that end. The sanctions are also anathema to the views of almost all major US allies, who are parties to the ICC’s Rome Statute and supporters of...
19 Apr ICC Sanctions Symposium: Sanctions Gone, But Don’t Celebrate Too Quickly!
[Oumar Ba is an Assistant Professor of International Relations at Morehouse College .] On 2 April 2021, President Biden rescinded the sanctions that the Trump administration had imposed on Fatou Bensouda and Phakiso Mochochoko – the two most senior African officials in the ICC’s Office of the Prosecutor. These sanctions were preceded by visa restrictions on ICC personnel in 2019 and a visa ban on Bensouda. Sanction regimes have operated as a powerful tool at the hands of western states and international institutions to bend other states (from the Global...21 Dec LJIL Symposium: Response to Samantha Besson
extraterritorial regulation’s effect on democratic participation, it’s a good idea to specify which theory of democracy underpins it. I also think that connecting extraterritorial regulation and democratic theory is tempting, but problematic. If we want to understand the causes and consequences of extraterritorial regulation, it’s useful to formulate structured case-studies. At least, they will give us an idea about the politics of extraterritorial regulation. Prof. Milanovich claims that, for better or worse, politics cannot be expunged from the inquiries aimed at understanding extraterritoriality. The interesting part is to explain why....24 Jun Just Call him Antonin Scalia: Anti-Imperialist (in the Extraterritorial Application of U.S. Laws)
Kagan). There is a lot to ponder in this case, which touches on questions of statutory interpretation, federal securities law, and the extraterritorial scope of U.S. statutes. For me, though, the key holding is that, yes, there really is a hard presumption against the extraterritorial application of U.S. laws that requires a very clear statement by Congress to be overcome. As Justice Scalia writes: The results of judicial-speculation-made-law—divining what Congress would have wanted if it had thought of the situation before the court—demonstrate the wisdom of the presumption against extraterritoriality....
05 Aug The Memorandum of Understanding between Italy and Libya: Does It Create Human Rights Obligations on the Part of Italy?
...the ICCPR. ECHR Extraterritorial application: The ECHR extraterritorial application concerning Italy’s support to the LCG should be considered separately in light of the origin and the form of the support provided (remote/immediate support). The ECHR extraterritorial applicability to Italy’s support provided from Libya seems to be confirmed by the ECtHR’s jurisprudence. According to the ECtHR “where, in accordance with custom, treaty or other agreement, authorities of the Contracting State carry out executive or judicial functions on the territory of another State, the Contracting State may be responsible for breaches of...08 Feb Strangely Enough, President Trump Can Use His Executive Power Over Immigration to Advance Human Rights and Battle Corruption
...of a U.S. person. “Blocking” means that the property is frozen so that the owner cannot exercise any power or control over it despite still retaining title. In order to impose such sanctions, the President simply needs to determine, based on “credible evidence,” that a foreign person either is “responsible” for a “gross violation[]” of internationally recognized human rights or acted as an agent for that person. The same “credible evidence” standard applies to sanctions for corruption, or “materially assisting” corruption. Taken together, it is hard to read this law...