Search: extraterritorial sanctions

...no lack of ability or willingness to prosecute but there has been a conscious inclusive democratic decision to prioritize other forms of accountability than full or conventional criminal sanctions. Overall, my stance is that human rights tribunals need to develop techniques of adjudication that permit a constructive dialogue with domestic political and legal institutions and practices of transitional justice, a dialogue sensitive to context and the considerations that affect the relative legitimacy of transnational tribunals and domestic political and legal actors in addressing questions of justice related to political conflict....

...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...

[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.  ...

...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...

...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....

...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)...

...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...

...the mandate of the Human Rights Council, which raises a whole other set of legitimacy issues) does not have the mandate to report on issues related to the conduct of hostilities that rise to the level of armed conflict under the laws of war. The implied, underlying US position actually consists of at least two things: one, that the human rights law to which the special rapporteur’s mandate extends, the ICCPR, does not extend extraterritorially at least as far as the US is concerned and, two, that these human rights...

...which they have no expertise. Jordan "With friends like these...." Fortunately, the early cases and ops. of AG's demonstrate the extraterritorial reach of the ATCA (ATS) in suits involving alien plaintiffs against alien or U.S. national defendants with respect to violations of international law over which there is universal jurisdiction, esp. so that the U.S. does not engage in a "denial of justice" to aliens. Also, today, more jobs for our graduates as plaintiff and defense lawyers, judges, etc. -- good for the U.S. economy! If other countries want to...