Search: extraterritorial sanctions

...(Via Instapundit) Closely examining the Darfur, Sudan, genocide, and making reference to other genocides, this Article argues that the genocide prevention strategies which are currently favored by the United Nations are ineffective. The Article details the failures of targeted sanctions, UN peacekeepers, and other anti-genocide programs. Then, the Article analyzes the Genocide Convention and other sources of international human rights law. Because the very strong language of the Genocide Convention forbids any form of complicity in genocide, and because the Genocide Convention is jus cogens (meaning that it prevails over...

...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...

...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...

...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...

...to, lawful sanctions), whether physical or mental, is intentionally inflicted on that individual for such purposes as obtaining from that individual or a third person information or a confession, punishing that individual for an act that individual or a third person has committed or is suspected of having committed, intimidating or coercing that individual or a third person, or for any reason based on discrimination of any kind; and (2) mental pain or suffering refers to prolonged mental harm caused by or resulting from— (A) the intentional infliction or threatened...

...by Mothers of Srebrenica. The US and the Philippines have started their annual military exercises, involving 7000 troops, close to the disputes South China Sea waters. Australia has decided to lift financial sanctions and travel bans against more than 200 officials in Myanmar. Hearings in the tobacco giants’ High Court case challenging the legality of Australia’s plain packaging legislation will start tomorrow. In a move welcomed by the US and the IMF, China widened the trading band of the Yuan. On the first day of trading in this broader band,...

...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...

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...

...has caused long lasting environmental damages. Peoples’ tribunals have been very active in the field of corporate responsibility for environmental damage. Triggered and set up by the victims’ organizations, some of these tribunals have contributed to the legal debate on violations not yet recognized by international law or insufficiently explored by international courts. As a result, the Monsanto Tribunal analyzed the new legal concept of the crime of ecocide by the company Monsanto. According to the Monsanto “jury”, the increase in criminal sanctions in trials relating to environmental damage before...

...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...

[Kristina Daugirdas is a Professor of Law at the University of Michigan Law School.] Absent a contractual relationship, individuals who have been harmed by the acts of international organizations rarely have access to institutions to hear their claims. National courts are often unavailable on account of organizations’ immunities. Some organizations have established alternative mechanisms to resolve such claims. The World Bank Inspection Panel is one example; the Ombudsperson for the ISIL and Al-Qaida UN Security Council Sanctions regime is another. Such accountability mechanisms must be deliberately designed, adopted, and implemented....

...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...