Search: extraterritorial sanctions

...of all three legal regimes: to prevent human beings from suffering harm caused by acts considered to be the worst of the worst across the globe. Whether it entails prosecuting a war criminal or economic sanctions aimed at a State, the goal is the same, nonetheless. In my view, the divergence across the various enforcement bodies should be a question of degree of punishment, rather than the need for varying definitions of gravity across the different arenas of public international law. Admittedly, the malleability of gravity can be useful when...

...our work were not there for a variety of reasons, including resources, sanctions, travel restrictions, and the limitations on non-ECOSOC-accredited civil society. Our perspectives matter because the world’s understanding of crimes against humanity is not confined to narrow legal frameworks or isolated examples over time. Rather, it has evolved through the lived experiences of victims, survivors, and affected communities. Our lives and experiences populate the understanding of these crimes that shock the conscience of humanity. However, we remain on the margins of such processes. One of us, Metra, is from...

[Faraz Shahlaei is an Adjunct Professor/J.S.D. Candidate at Loyola Law School, Los Angeles and one of the authors of this communication] Photo credit: Mufid Majnun Introduction In 2016, two reports of the Independent Person appointed by the World Anti-Doping Agency (WADA) to investigate allegations of State-sponsored doping of Russian athletes during the 2014 Sochi Winter Olympic Games (first report, second report) revealed that Russia had been running for years a sophisticated covert doping program. As a result, the International Olympic Committee (IOC) and WADA imposed sanctions on dozens of athletes...

...redress and compensation for victims of international wrongs. The keynote address will be given by Professor Philip Alston on The Strengths and Weaknesses of External Accountability. The program will end with a book launch of the Research Handbook on UN Sanctions and International Law, edited by Professor Larissa van den Herik. We would welcome participants interested in the subject. After the event, a group will go to the opening panel of ILW at the NYC Bar Association. For the complete program, and to RSVP please see the webpage here.  ...

...cyberespionage by its military (based on the argument that such activity is not commercial in nature), then denying conduct-based immunity to Chinese officials for the same acts would reinforce the disjunction between foreign state immunity and foreign official immunity in U.S. courts. At a broader level, the announcement of indictments against named Chinese officials reinforces a trend towards focusing pressure on individuals associated with undesirable state policies, whether through immigration enforcement or targeted sanctions. The full implications of this trend for international law and international relations remain to be seen....

...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...

...carefully choreographed mantra on three points: first, recognition of the pro-Russian separatist regions of Donetsk and Luhansk is unacceptable and involves a grave violation of international law; second, if Russia invades Ukraine it will have to face severe sanctions; and third, leaving aside the delivery of weapons and other support, NATO and western States will not participate militarily in a Russian-Ukrainian conflict. A number of legal and political issues arise with respect to these positions, and this contribution will zoom in on the last issue. Since the start of the...

...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....

...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...