Search: extraterritorial sanctions
10 Sep BHR Symposium: Bolstering Human Rights within International Economic Agreements–Reconciling Two ‘Separate Regimes’?
...still requires improvements. In particular, there is a need to clarify the obligation of transnational corporations to respect human rights, the need to strengthen legal mechanisms to implement the treaty and sanctions in case of non-compliance, among others. One of the elements that has been a source of tension in the negotiation of a legally binding instrument is the recognition of the principle of human rights supremacy in the face of international economic agreements (IEAs). This concern was also raised by a group of civil society organisations recognising the need...
30 Nov UNSC Veto Power Symposium: Are there Jus Cogens Limits to UN Security Council Vetoes in Atrocity Crime Contexts?
...other measures based on their capacity to influence the events and their legal positioning vis-à-vis the situation concerned. Still, it is hard to see how, in at least certain atrocity situations and despite Article 103 of the UN Charter a member wielding the veto against a Chapter VII resolution that, for example, imposes sanctions prohibiting all UN Members from supplying weapons to a brutal regime that is known to use those weapons to commit genocidal acts against a protected group would be compatible with such positive duties. Admittedly, the present...29 Sep Events and Announcements: 29 September 2024
...to come. Afterwards, a panel of counter-terrorism experts will examine the relevance of transitional justice for counter-terrorism. Register here. Panel Discussion: The T.M.C. Asser Instituut is hosting the free event “Secondary Sanctions and the International Legal Order” at 18:00 CET on 5 November 2024 in The Hague, the Netherlands. Register here. The Law of International Society: A Road Not Taken : The Center for Critical Democracy Studies at the American University of Paris is pleased to invite you to a lecture by Martti Koskenniemi (University of Helsinki) on: “The Law...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...
05 Nov Justice Under Pressure: Strategic Litigation of Judicial Independence in Europe
...in which judicial independence has been, or is being, eroded across the EU. Illustrating the Range of Judicial Independence Issues Adjudicated Litigation has commonly responded to frontal attacks on judges’ independence, such as arbitrary dismissals, unfounded disciplinary sanctions, or even the growing criminalization of the judicial role, often as reprisals against judges exercising independence or opposing powerful actors abuse of power. Many cases involving Poland, such as Dolińska-Ficek and Ozimekf v Poland, challenged the arbitrary removal of Polish judges and their replacement by ‘neo judges’ on the judicial council, which...27 Apr Weekday News Wrap: Friday, April 27, 2012
ECOWAS will dispatch troops to both Mali and Guinea-Bissau in order to swiftly reinstate civilian rule after recent coups. In a Reuters exclusive, the US Senate, after a three-year investigation, is expected to find that the “enhanced interrogation techniques” used failed to yield counterterrorism breakthroughs. As a result of ongoing clashes between Sudan and South Sudan, the United States has circulated a draft resolution through the UN Security Council outlining sanctions if the two nations do not cease their strikes and resolve their many disputes. The US will move 9000...21 Jan Reflections on the Ugandan Anti-Homosexuality Bill
...a foreign relations matter, the proposed legislation also raises the significant practical issue of pragmatic transnational norm advocacy. What is the most effective response for those in the West who wish to defeat this bill? Is it threats of economic sanctions, démarches from European diplomats, or pastoral letters from one (famous) clergyman to another? Is the best recipe for success a mix of carrots and sticks, or a soft appeal to reason and conscience? I for one have little doubt that on an issue like this someone like Rick Warren...
26 Mar Symposium on Prosecuting Heads of State for International Crimes: The Tangled Legal Terrain of the Maduro Cases – Crimes Against Humanity, Drug Trafficking and the Immunity of an Alleged President
...rejecting its claim that the crimes committed in Venezuela resulted from the imposition of U.S. sanctions, as this lacked evidentiary basis (para. 7). If the speculations on a sealed ICC warrant are correct, one may wonder what the prospects are of Maduro being surrendered to The Hague. The U.S. is not a party to the Rome Statute and the Court can only invite non-state parties to collaborate (para. 32) through an arrest warrant referral, but cannot oblige execution (Article 59 of the Rome Statute). It is also safe to suppose...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)...
09 Sep The Case of the Istanbul Bar Association: Justice on Trial in Türkiye?
...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...