Search: extraterritorial sanctions
23 Sep The Legal Issues Regarding Drilling Off the Northeast Coast of Cyprus
...after the ICJ decision, Greece continued to veto “Macedonia’s” admittance without facing any consequences. On the issue of potential sanctions against Turkey from the EU, though some may find it wrong for the EU nations who are in NATO to enact sanctions against their NATO ally Turkey, this would not be the first time this has occurred. In August 2018, the US brought sanctions against Turkey over a detained American. Additionally, the US has threatened sanctions against Turkey for the separate issue of Turkey potentially doing a defense deal with...20 Nov LJIL Symposium: A Comment on Devika Hovell’s “A Dialogue Model: The Role of the Domestic Judge in Security Council Decision-Making”
...there was nothing in this sanctions regime that prevented the Swiss authorities from providing effective judicial review mechanisms on the domestic level. As a result, it concluded that Switzerland had violated Article 13(1) ECHR by not providing Mr. Nada with access to judicial review on the domestic level, by means of which he could have verified those measures implementing the Resolution 1267 (1999) sanctions regime. This implies nothing less than that a sanctions regime such as the one resulting from Resolution 1267 (1999) necessarily and implicitly allows states the discretion...20 Sep If President Trump Ends the Iran Deal, Can He Trigger the Security Council Snapback?
...repercussions from such a step. But abandonment will nonetheless raise at least one interesting legal question. If the United States ends the Iran deal, can it thereby trigger the re-imposition of Security Council sanctions against Iran? First, a bit of background (discussed more here). Prior to the JCPOA, the Security Council had imposed various sanctions against Iran – sanctions which all countries were legally obligated to enact. The core bargain in the Iran deal involved the lifting of sanctions, including these Security Council sanctions, in exchange for Iran’s commitments not...24 Apr Responsible Stakeholders and Revisionist States
...with the objectives set by the Security Council without resorting to the use of force. Sanctions thus offer the Security Council an important instrument to enforce its decisions. The universal character of the United Nations makes it an especially appropriate body to establish and monitor such measures. The Council has resorted to mandatory sanctions as an enforcement tool when peace has been threatened and diplomatic efforts have failed (see below). The range of sanctions has included comprehensive economic and trade sanctions and/or more targeted measures such as arms embargoes, travel...
24 Mar ICJ and the Alleged Violations of Treaty of Amity: Anything Unexpected in the Judgement on Jurisdiction?
...so-called “sanctions” and restrictive measures targeting, directly or indirectly, Iran (and Iranian companies/nationals). The JCPOA was concluded on 14 July 2015 by China, France, Germany, the Russian Federation, the United Kingdom, the US, the High Representative of the European Union (the E3/EU+3) and Iran with two purposes: to ensure the exclusively peaceful nature of Iran’s nuclear program, on the one hand, and to produce “the comprehensive lifting of all UN Security Council sanctions as well as multilateral and national sanctions related to Iran’s nuclear program”, on the other hand. On...
30 Jun Statement Against US Sanctions on ICC Investigations (Updated)
open to the U.S. But rather than assert this unquestioned right, the President has chosen the alternative route of authorizing asset and visa sanctions on ICC lawyers. Finally, the sanctions are contrary to U.S. national interests. They will not succeed in blocking ICC investigations, which are undertaken by lawyers duty bound to carry out their responsibilities as prosecutors. Worse, the ineffectual sanctions mock our bipartisan commitment to human rights and the rule of law, alienate our allies, and encourage repressive regimes. Bloody and lawless rulers can now be expected, not...
17 Mar Looking for a Solution Under International Law for the Moldova – Transnistria Conflict
...to bypass EU sanctions. However, no sanctions have been issued against Russia itself for its involvement in Transnistria. A possible reason for this is that there have already been a myriad of sanctions against Russia for its actions in Crimea, a situation where Russia had no right to be in that region and has been more aggressive, yet the West’s sanctions against Russia in response to the Crimea situation have not put an end to the dispute in Crimea. Sanctions are no more likely to end the Transnistria conflict. Moreover,...02 Oct Kiobel Roundtable: The Alien Tort Statute, Kiobel, and Extraterritoriality
...ATS cases are extraterritorial in ways that piracy cases would not have been. Nevertheless, and here I depart from the position of the respondents in Kiobel, I do not think the strong presumption against extraterritoriality—which was applied, for example, to the securities fraud statute in Morrison—is a perfect fit here. When the ATS was enacted, it was conceivable that the United States would have been responsible for providing opportunities for redress for certain extraterritorial conduct by U.S. citizens, as illustrated by the Sierra Leone incident noted above. Moreover, when the...
03 Apr COVID-19 Symposium: The Use of Criminal Sanctions in COVID-19 Responses – Exposure and Transmission, Part I
[Nina Sun is the Deputy Director and Global Health and Human Rights & Assistant Clinical Professor at the Dornsife School of Public Health, Drexel University and Livio Zilli is a Senior Legal Adviser & UN Representative at the International Commission of Jurists.] This piece is split into two parts – the first focuses on criminalization of COVID-19 exposure and transmission, and the second on criminal sanctions for the enforcement of public health measures. On 11 March, the World Health Organization (WHO) officially recognized COVID-19 as a pandemic. COVID-19 is a...