Search: extraterritorial sanctions
18 Dec How to Increase “Maximum Pressure” on North Korea By Reconsidering Options at Sea
...cargo into the North Korean ports of Nampo, Najin, and Wonsan between January 1 and May 30, 2018. According to U.S. calculations, those vessels had the capacity to unload nearly 1.4 million barrels of oil, nearly three times the volume allowed under U.N. sanctions. Even if they carried one-third of their load, they would have reached 500,000 barrels – the annual cap imposed on North Korea by UN sanctions. The sanctions could be made more effective through the following measures. Measures to Strengthen UN Sanctions There are four possible measures...20 Apr Responses on Non-American Views of the ATS, and Marko Milanovic’s Response to Eric Posner
...supported by international law. It is whether Congress had the jurisdiction to prescribe a municipal law imposing for extraterritorial conduct. That answer is, in most cases, no. ATS cases have wrongly focused solely on personal jurisdiction though the real limiting issue in ATS litigation should be one of subject matter jurisdiction. International law treatises of the U.S. founding era recognized very few bases for asserting extraterritorial legislative jurisdiction. Though that list has expanded, it is not unlimited. It is highly doubtful that Congress ever intended the ATS to govern extraterritorial...19 Nov Forty Lashes and a Wedding
sanctions. Lawful sanctions include judicially imposed sanctions and other enforcement actions authorized by law, including the death penalty, but do not include sanctions that defeat the object and purpose of the Convention Against Torture to prohibit torture. This interpretation is in keeping with how the “lawful sanctions” clause has been interpreted by the UN treaty body charged with monitoring application of the Convention against Torture. For example, after expressing concern about “[t]he nature of some criminal sanctions, in particular flogging and amputation” in reviewing the periodic report of Yemen in...05 Dec A Response to Milanovic
(such as the Geneva, Genocide, and Torture Conventions, as well as customary international law) or through the operation of domestic law and established policy. And the model’s calibration of extraterritorial obligations in terms of a state’s actual capacity to honor them offers significant promise. It offers a fresh theoretical framework for thinking about extraterritorial application of human rights treaties that is logical and pragmatic, that finds meaningful support in the ICCPR’s language, history, and subsequent state practice, and that could help alleviate the United States’ isolation on the extraterritorial application...
06 Dec Questioning the Coherence of an Extraterritorial Legal Obligation to Prevent Genocide and Crimes Against Humanity
for example. But even with such principles in hand, states would still need to exercise practical judgment. It is hard to conceive how such judgment could be made subject to law. Some powerful states with substantial capacity to contribute to extraterritorial protection efforts have expressed discomfort the ILC’s framing of the extraterritorial obligation to prevent crimes against humanity for similar reasons. In 2019, the United Kingdom called for more detail on what the obligation actually requires, worrying that, if it is indeed akin to the broad duty established in the...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...