Search: extraterritorial sanctions
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...
02 Sep We Need to Talk About Genocide
...reaches 40. This means that many Israelis, if not themselves suspected of criminal acts, are potential sources of information regarding events in Gaza and the West Bank – whether a bomb dropped on a café, or tank and rifle fire directed at Palestinians seeking food or medical assistance. Israelis, understandably, want and like to travel – whether to Australia, Canada, the United Kingdom, Africa, Europe or Latin America. If governments were serious about sanctions and about their international duty to prevent and to punish genocide and to bring an end...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...
23 Mar TWAIL Pedagogy: Un-Learning Colonial Ways of Teaching International Law
...student ponders why Argentina wasn’t bailed out like banks were in 2008 or Credit Suisse is today. Was a state of 50 million not too big to fail? Are odious debt and economic sanctions not also expressions of unlawful force? They quote Special Rapporteur Alena Douhan favourably; what’s the point of UN mechanisms if Euro-America can deploy international law with tactical impunity? A final student asks about the status of Palestine. If it declares itself a state, if 140 states recognise it as a state, is it not a state?...16 Apr Weekday News Wrap: Monday, April 16, 2012
...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,...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...
04 Jun ICL and Environmental Protection Symposium: International Criminal Law as a Tool for Corporate Responsibility for Environmental Crimes (Part I)
...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...15 Jul Hobbling the Monitors: Should U.N. Human Rights Monitors be Accountable? by Philip Alston
...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...
15 Oct International Organizations Accountability Symposium: Reputation and Accountability
[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....