Search: extraterritorial sanctions
04 Nov Roper v. Simmons and Our Constitution in International Equipoise
...Eighth Amendment jurisprudence to a natural law approach, with all the attendant problems associated therewith. I argue that: “The Court’s references to comparative experiences are best understood as objective signposts in the Court’s search for constitutional limits grounded in natural law…. If Glucksberg defines the objective limitations on substantive due process, Roper defines the objective limitations on cruel and unusual punishment. It prohibits excessive sanctions based on the “objective indicia of [a national] consensus” confirmed by “fundamental rights” affirmed by “other nations.”… The difference of course is that Glucksberg looks...25 Nov Weekly News Wrap: November 25, 2013
Your weekly selection of international law and international relations headlines from around the world: Middle East Iran and six world powers clinched a deal to curb the Iranian nuclear program in exchange for initial sanctions relief, signalling the start of a game-changing rapprochement that would reduce the risk of a wider Middle East war, though a “tough road ahead” awaits those working to turn the interim accord into a comprehensive agreement. Duncan weighed in with his thoughts here. Rebels led by al Qaeda-linked fighters have seized Syria’s largest oilfield, cutting...26 Sep Weekly News Wrap: Monday, September 26, 2016
...of efforts to agree new U.N. sanctions on North Korea after its fifth nuclear test, but Washington is confident tougher steps will be agreed before long, the senior U.S. diplomat for Asia said on Friday. Europe French President Francois Hollande has confirmed plans to close the Calais refugee camp in northern France, while German Chancellor Angela Merkel called for Europe to secure deals with third countries to assist in the return of migrants. More than 15,000 people gathered in Helsinki on Saturday to protest against racism and violence, after the...
12 Jan How Does ‘Matter’ Matter In International Conflict and Security? An Examination of the Importance of Mosques
[Sara Elizabeth Dill is Partner at Anethum Global (London, England), a Certified Global Sanctions and Financial Crimes Specialist, and Officer with the International Bar Association’s War Crimes Committee.] “… we saw a mosque whose dome had been split in half when its minaret had come crashing down. … seeing the destruction in person profoundly shocked me. For as long as I could remember, my life had revolved around the mosque. Sadness, anger, and indignation swirled within me.” ( Dean, 2018 ) Scholars theorise that when materials play a significant role in...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...08 May Important New Book on the Limits of International Criminal Law
...truth commissions, legislative reparations, and (what will no doubt be the most controversial aspect of the book) collective civil sanctions. Mark knows that I do not agree with everything in the book. That said, Atrocity, Punishment, and International Law is a must-read for all international law scholars and practitioners. International criminal tribunals have reproduced almost virally over the past two decades, from the ICTY to the ICC to the various hybrid courts. It is thus critical to question, as Mark does, whether those institutions are capable of fulfilling their central...15 Jul Hobbling the Monitors: Should U.N. Human Rights Monitors be Accountable? by Philip Alston
...food, health, etc.), represents the Council’s most effective system for independent human rights monitoring. In 2010, in the context of major discussions about the future of the Council, the same group of governments proposed the establishment of a Legal Committee to enforce compliance with the Code through sanctions. Other governments, the SRs themselves, and civil society groups have been highly critical of the way the Code has been used so far to stifle the work of the monitors and are strongly opposed to the creation of any compliance mechanism. In...21 Jul Guest Post: Jurisdictional Aspects of the Article 12(2) Rome Statute Vessel Provision: Some Thoughts on the Provision’s Dogma and Implementation in light of the Comoros Referral
...regarded as having a functional character. States try to protect social bonds of attachment against mere formal nationality imposed by the technicalities of law. This functional inquisition is evident in diverse fora. For example in the case of UN sanctions, such as those against Serbia and Iran, the relevant Security Council Resolutions considered the nationality of the vessel based on ownership or contract terms, regardless of the flag under which the ship may sail. (see UN SC Res 787 (1992) and UN SC Res 1929 (2010)). Essentially then, Article 91(1)...25 Apr Weekday News Wrap: Thursday, April 25, 2013
...Court of Justice against Chile to regain access to the Pacific Coast it lost in a 1904 Treaty concluded after the War of the Pacific of the 1880s. Eric Posner has a column on Kiobel over at Slate. Eager not to be left at a competitive disadvantage after the EU lifted economic sanctions earlier this week, the acting USTR is travelling to Myanmar to discuss a framework agreement on trade and investment. The UK has signed a mutual legal assistance agreement with Jordan, which, according to the Home Secretary, includes...