Search: extraterritorial sanctions

...by the fact that opposition forces are implicated in the commission of atrocities as well, or that the Security Council needs to decide who (which side) should be prosecuted in advance of referring a situation to the court. What this conflict does indicate however, is the deepening entanglement between international courts and the Council, a theme which runs broadly through the Council’s peace and security work, and through its sanctions practice as well. This entanglement can be addressed in a few ways. The First, is greater clarity and better mechanisms...

...that ECOWAS States have surprisingly refrained from applying sanctions against the ECCJ but have instead acted to increase its independence. Weingast and Moran suggest that where control by a principal is effective, overt sanctioning is rare as the agent rationally anticipates the preferences of the principal and incorporates those preferences into their behaviour. The question then is whether the act of ignoring certain decisions of the ECOWAS Court is not a tool by which ECOWAS States control the ECCJ by forcing it to self-censor in appropriate cases such that no...

...by the ICC. Ivory Coast’s former President Laurent Gbagbo seeks a delay of his trial at the ICC, claiming he is too ill. ECOWAS has urged the UN Security Council for a Chapter VII resolution authorizing intervention in Mali if talks with rebel groups fail. Jurist has a piece about Charles Taylor, Arms Dealers and Reparations. UN monitors in Syria were shot at while trying to investigate a massacre site, and Kofi Annan has said that an “all-out civil war” is imminent. Australia will lift the remaining sanctions on Myanmar...

...rights and freedoms under pressure in three distinct areas: (1) property protection; (2) data protection and privacy, and (3) freedom of movement in the EU. Panels will tackle a range of issues, including, for instance, the use and abuse of international investment arbitration, immunity from execution, or the use of targeted financial sanctions as a foreign policy tool. Confirmed speakers include Judge James Crawford (International Court of Justice), Judge Siofra O’Leary (European Court of Human Rights), Judge Allan Rosas (Court of Justice of the EU), Prof. Joseph Cannataci (UN Special...

...sea. Over the course of the conflict, several issues like  the law of blockades, high seas freedoms and blue humanitarian corridors have cropped up. However, a crucial development which has almost sailed under the radar, has been the United Kingdom and Canada’s decisions to block all Russian-linked ships from their ports. Notably, similar deliberations are also currently ongoing in the European Union and the United States of America. The United Kingdom has given effect to this ban via the Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations 2022, and Canada...

...Maintain Open Trade on Critical Supplies Douglas Guilfoyle: Teaching Public International Law in the Time of Coronavirus—Migrating Online Matt Pollard, Mathilde Laronche and Viviana Grande: The Courts and Coronavirus (Part 1 and Part 2) Nina Sun and Livio Zilli: The Use of Criminal Sanctions in COVID-19 Responses—(Exposure and Transmission, Part 1, and Enforcement of Public Health Measures, Part 2) Leó n Castellanos-Jankiewicz: US Border Closure Breaches International Refugee Law Priya Pillai: COVID-19 and Migrants–Gaps in the International Legal Architecture? Marcos D. Kotlik and Ezequiel Heffes: COVID-19 in Conflict-Affected Areas–Armed Groups...

...the existence of a grey zone is well-known. In practice the divide may not always be clearly visible. Yet, large parts of the debate have been devoted to the establishment of one or more criteria to decide what makes an instrument law (be it sanctions, formalities, intent, effect, substance, or belief). Thus, depending on how one distinguishes between law and non-law, informal law output may or may not be part of international law. If formalities or intent matter, a lot of the informal output would not be law. If, in...

...the isolated state might conduct a nuclear test or a missile launch ahead of a ruling party meeting in May. Police in the Pakistani city of Karachi have arrested an al Qaeda operative who is on the United Nations sanctions list, a police official said on Friday. Indonesia on Friday defended its use of the death penalty for drug traffickers, just days after its representative was jeered at a U.N. narcotics conference, citing a steep rise in demand and consumption in Southeast Asia’s most populous country. Europe Finland’s highest administrative...

...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...

...turn, lawyers can act effectively to defend the rights of others. The important role of bar associations in defending the rule of law and human rights is also attested to in international standards. The UN Basic Principles on the Role of Lawyers, the foundational international text on the protection of the legal profession, affirm that lawyers must be able to carry out their professional duties without interference or intimidation (Principle 16); to participate in public debate on legal and human rights issues without facing sanctions (Principle 23); and to operate...

...approach its new powers lightly – the decision is hefty 43 pages and the CC judges tried to point to some form of compromise alluding to potential future sanctions not involving disenfranchisement, thus, arguably, acknowledging the sensitivity of the matter. Anchugov and Gladkov shows that the CC, despite having ruled on the impossibility of executing the ECtHR decision, did so in a rather cautious way. This could be attributed to the novelty of this exercise or the desire of the CC to avoid direct and open confrontation with the ECtHR....

...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)...