Search: extraterritorial sanctions
09 May The End of the Iran Deal and the Future of the Security Council Snapback
...lifted prior sanctions imposed by the Security Council on Iran in the course of blessing the Iran deal (formally known as the Joint Comprehensive Plan of Action or JCPOA). These prior sanctions had been an important piece of the pressure brought to bear against Iran, in addition to separate sanctions imposed unilaterally by the United States and allies. But in lifting the Security Council sanctions, Resolution 2231 contained a “snapback” provision. This provision provides that if “a JCPOA participant State” notifies the Security Council of “an issue that the JCPOA...
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...
19 Apr Symposium on the ‘Legacy’ of the USA Sanctions against International Criminal Court Prosecutor Ms Fatou Bensouda and Mr Phakiso Mochochoko
...legacy of the sanctions against Bensouda and Mochochoko. They explore the intricacies of national, regional and global power while at the same time reflecting on the future of the ICC and the international criminal justice field more broadly. The posts engage with various themes including: the discriminatory nature of the sanctions and what this means for ‘less-powerful’ states and their nationals; the USA’s relationship with the ICC; the potential effect on the ICC’s investigations in Afghanistan and Palestine; and the international criminal justice narratives and metaphors brought to the fore...
28 Jul Drop in the Ocean? Rethinking Jurisdiction in Climate Litigation
...99) it can extend extraterritorially. The ECtHR exceptionally recognizes its extraterritorial exercise based on “effective control” over an area (as found in Ukraine v. Russia (re Crimea )) or individuals (as found in Georgia v. Russia (II)). A new form of extraterritorial jurisdiction – “procedural control” – arises when a State exercises procedural influence over individuals, for example through judicial proceedings or international arrest warrants involving the victim (Romeo Castaño v. Belgium, paras 36-43; Markovic and Others v. Italy, paras 54-56). The IACtHR expanded this understanding of extraterritorial jurisdiction, recognizing...24 Jan Does the Presumption against Extraterritoriality Apply to the ATS or the Underlying Federal Common Law Claims?
jurisdictional statute suddenly applied extraterritorially by congressional mandate, would the underlying federal common law claims be cognizable for extraterritorial conduct and injury? If the answer to that question is yes, then does it also follow that the only extraterritorial limitation that Kiobel recognized was with respect to the statute, not the underlying federal common law claims? Reading Kiobel in light of Sosa presents the following possible syllogism: if (1) there is a limited category of federal common law claims actionable for violations of the law of nations; and (2) the...02 Dec Milanovic on Extraterritorial Application of Human Rights Treaties: Judicial Interpretation and the Future of IHR Regulation
the doctrinal in these debates. The central question Marko seeks to address is the scope of application of specific treaty obligations undertaken by states to observe human rights – and whether and how those obligations are triggered when a state engages in extraterritorial political, law enforcement, military or intelligence operations. Globalization has expanded the availability of extraterritorial acts from beyond the traditional notion of sovereigns acting through territories, colonies or militarily occupied areas, to include myriad cross-border law enforcement and regulatory cooperation arrangements of states of varying sizes and power....
15 Dec Baltic Backdrop: Sanctions Evasion and the Legal Limits of Maritime Enforcement
...the sea and ocean policy.] This post examines recent incidents in the Baltic Sea involving Russia’s shadow fleet, focusing on the legal and geopolitical tensions sparked by tankers evading sanctions and the law of the sea. It critically examines Estonia’s assertive maritime enforcement measures in the Gulf of Finland, situating them within the framework of the United Nations Convention on the Law of the Sea (UNCLOS) and the evolving discourse on the limits of coastal State jurisdiction. The Baltic situation illustrates broader global challenges to maritime law posed by substandard...
22 Dec Between Sovereignty and Universality: Iran’s Draft Bill on International Crimes in Comparative Perspective
...existence of a public program or policy rather than its institutional source. While this approach potentially expands liability, it departs from the Rome Statute’s insistence on State or organizational involvement, raising concerns about definitional precision and the contextual threshold for establishing crimes against humanity. A notable innovation of the Bill is its criminalization of unilateral sanctions that deprive populations of essential goods. This reflects Iran’s political and legal stance against unilateral coercive measures, particularly those imposed by the United States. By framing sanctions as crimes against humanity, the Bill aims...