Search: extraterritorial sanctions
16 Oct Reciprocal Unilateralism
has extraterritorial impacts. However, in Imperial Tobacco the legislation was not itself aimed at companies outside of Canada, but rather sought recourse from tobacco companies regardless of their presence in or out of the jurisdiction. Thus, in that case, the court found that the “pith and substance” of the legislation was not extraterritorial. Had the court found otherwise, the constitutional challenge would have been successful. If a statutory approach is taken towards seeking damages related to pollution, a purely extraterritorial approach would present a significant challenge. The alternative is to...23 Sep Lower Courts Narrowly Interpret Kiobel
...Supreme Court has implicitly overruled his decision on corporate liability," because that's what the Court should be considered to have done in Kiobel. Just as Judge Cabranes couldn't reach the extraterritoriality issue in Balintulo if he was right about corporate liability, the Supreme Court couldn't have reached the extraterritoriality issue in Kiobel if Judge Cabranes was right on corporate liability. Cabranes can't have it both ways; he either needs to acknowledge that his earlier decision is no longer good law, or that the court has no jurisdiction to address other...
12 May Invoicing Russia for Ukraine’s Recovery: The Complexities of Repurposing Frozen Russian Assets
...prohibitions, many countries have taken steps to make sanctions evasion a crime in of itself. Germany has amended its Sanctions Enforcement Act to allow for the prosecution of any sanctioned person who fails to declare their assets in Germany to the German authorities. United Kingdom lawmakers introduced the Economic Crime Act which would provide the government with the authority to levy civil penalties against sanctions violators on a strict liability basis. The European Union has also proposed that all of its Member States take a uniform approach to criminalizing the...
27 May Futureproofing Human Rights Symposium: Learning from the Nasa Indigenous Justice System to Rethink Accountability
...bearer, the application of the remedy can extend to the offender’s family members and, in some cases, to the entire community. In other words, derecho propio is capable of imputing diseases not simply to individual choices, but also to the reasons behind those choices. Sanctions, on the other hand, are more ‘materially-oriented’, seeking Yu”Cenxi—a term that encompasses ‘correction’, resocialisation, the prevention of similar conducts, isolation, reparation, and harmonisation. A broad and evolving notion, sanctions retain a more individualised character and include diverse responses: corporal punishment (such as whippings and stocks),...30 Jan Events and Announcements: 30 January 2021
...Fietta. This seminar will be chaired by Mr Peter Flint, Consultant at Volterra Fietta. February 3 Panel event: The Folly of US Sanctions against the ICC: Since the inception of the International Criminal Court (ICC) in 1998, the United States has had both hostile and cooperative relations with the ICC. The outgoing U.S. administration took hostility to a new level, imposing legal sanctions on the Court’s high-level officials in the same way the government imposes civil and criminal sanctions against those who provide material support to terrorists. This panel will...04 Sep Rebels Holding Peacekeepers Demand UN lift Sanctions
Last week, 45 Fijian peacekeepers deployed as part of a 1,200-member U.N. force monitoring a buffer zone between Syria and Israel were captured and are being held by Nusra Front rebels. (Hat tip to Theodore Christakis here at the ESIL conference in Vienna for raising the issue yesterday in the ESIL / SHARES Peace and Security Interest Group Seminar.) Rebels have made three demands for their release, according to a WSJ article published yesterday: 1. They want to be dropped from the list of al Qaeda-linked groups under U.N. sanctions;...26 Apr John Bolton’s Role in SC Resolution 1672
The UN Security Council passed Resolution 1672 yesterday, imposing sanctions yesterday on four Sudanese considered responsible for the the atrocities in Darfur. The Resolution passed 12-0, with China, Russia and Qatar abstaining on the ground that sanctions would disrupt the reconciliation process. The sanctioned individuals are Major General Gaffar Mohamed Elhassan, commander of the Western Military Region for the Sudanese Armed Forces; Sheik Musa Hilal, paramount chief of the Jalul Tribe in North Darfur; Adam Yacub Shant, a commander in the Sudanese Liberation Army , and Gabril Abdul Kareem Badri,...01 Oct The U.S. Embargo on Cuba May Be a Bad Idea, But It Doesn’t Violate the UN Charter
...breaches of erga omnes norms. The sanctions against Russia to which you refer, for instance, are quite evidently inspired by such a breach of an erga omnes norm (Article 2(4) UNCh)... There is moreover another relevant difference between the sanctions against Russia and the US 'embargo' against Cuba, in that the latter sanctions regime envisages so-called 'secondary sanctions' that sit uneasily with international law principles governing the exercise of jurisdiction. (ps: of course the annual UNGA resolutions are an expression of State practice/opinio juris) Jordan And Tom, see our Arab...09 Jun A Response to Paul Dean
of the President. Congress could also amend IEEPA to give itself more control over the exercise of presidential discretion in imposing sanctions. But no such bill has been proposed. Instead, Congress appears to be one of the biggest fans of the executive use of IEEPA to declare emergencies and impose sanctions and seems to wish it were used even more often. As discussed in the article, U.S. courts also provide no meaningful check on the use of IEEPA-authorized sanctions programs like E.O. 13,382. Under every possible legal theory for challenge,...
12 Dec Symposium: On Territoriality, Power, and Influence–A Review of John Heieck’s A Duty to Prevent Genocide: Due Diligence Obligations Among the P5
...respect of its entire territory.” In fact, this provision and the presumption of the territorial application of treaties appeared to be so commonsensical that some states proposed deleting it from the ILC’s draft articles on the Law of Treaties. Therefore, in order for a treaty to generate extraterritorial obligations it must be shown that either the treaty includes explicit language to that effect or that the treaty’s object and purpose, context, and travaux préparatoires warrant interpreting the treaty as generating extraterritorial obligations. Moreover, since the conclusion of the Genocide Convention,...