Search: extraterritorial sanctions
30 Apr Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Post Agostinho Learning Moments for Extraterritorial Jurisdiction in Human Rights Law, Using a Public International Law Perspective
...that any of its exceptional bases of extraterritorial jurisdiction should apply (para. 181 ff.) It also explicitly rejected the idea that climate change cases should be of such a special nature as to warrant an extension or a new basis of extraterritorial jurisdiction (para. 195). It dismissed both positive obligations and state capability to impact individuals’ situations abroad as grounds for an extraterritorial reach of its human rights guarantees (paras 199 and 205). Doing so would “lead to an untenable level of uncertainty” and “turn the Convention into a global...
30 Apr Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Why We Need a Firm Justificatory Basis for Extraterritorial Human Rights Obligations and How We Could Get There
...states still—generally and/or in concrete cases—oppose the extraterritorial applicability of human rights law. And lastly, the judiciary still struggles to develop consistent principles in approaching the extraterritorial applicability of human rights, and it continues to be influenced by a ‘territorial paradigm’, as I have argued in my recent book on the topic and as Vandenhole reiterates in this symposium). Against this background, this contribution starts from the assumptions that (i) establishing a firmer normative basis of extraterritorial human rights obligations could eventually contribute to more consistency in the development of...
01 May Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – A Tilapia Cannot Swallow A Whale: Climate Crisis and The Imperative of Extraterritorial Accountability under the African Charter
...exist within the African Charter on Human and Peoples’ Rights and its jurisprudence that may be deployed to ensure extraterritorial accountability of states in Africa among themselves for human rights wrong associated with climate change and climate interventions. The Limitation of Territorial Accountability Arguably it is problematic and sometimes legally impossible to achieve territorial accountability among states in Africa to effectively address their acts and omission linked to climate change and interventions or that of the entities under their control that negatively affect rights extraterritorially. It is an extraterritorial challenge...
02 May Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Reflecting on the Regulation of Global Value Chains and the Duties of States and Private Actors
...to speak of the extraterritorial obligations of TNCs? Implicit in the term extraterritorial is the idea of a (particular) territory and an undefined penumbra beyond this territory – the extra. International human rights law has traditionally favored a conception of extraterritorial obligations fixated on territorial states as duty bearers. As Elif Durmus points out in her contribution, within this context, it is necessary to have a trigger in order to extraterritorialize the human rights obligations of a state. This is a sentiment echoed by Wouter Vandenhole who astutely observes that...
29 Apr Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Introduction
...Angela Müller presents an approach and a roadmap to establish a firmer normative basis of extraterritorial obligations. The underlying argues is that if one wants to convincingly argue for extraterritorial human rights obligations at the legal level, one needs to base this on a justificatory normative theory. This requires a systematic analysis of the grounds on which the persistent opposition to the extraterritorial applicability of human rights rests. Müller suggests three steps to that effect: 1. to identify the concrete legal problem; 2. to address counterarguments; and 3. to translate...
01 Sep The European Union Human Rights Sanctions Regime and its Applicability to the Situation in Gaza and the West Bank in Accordance with International Law
...to agree on sanctions measures to address the situation in Gaza and the West Bank. International law demands intervention by the international community and time is running out to save the lives of civilians. When will measures in accordance with international law be taken? Sanctions in International law ‘Sanctions’ are not defined in international law nor does the term appear in the United Nations Charter. Measures adopted as sanctions can range from trade sanctions, arms embargoes, asset freezes and travel bans. The diverse justifications and complex contexts in which such...
02 Dec Can the EU Maintain Sanctions Against Russia After a Peace Agreement?
...has characterized the EU’s sanctions as “illegitimate unilateral coercive measures”. This leads to the question of whether the EU’s unilateral sanctions are lawful under international law. EU Sanctions in the CJEU’s Case Law The Union’s institutions have long avoided classifying EU restrictive measures in international legal terms such as «countermeasures». In Venezuela v Council, the CJEU had an opportunity to clarify the nature of EU autonomous sanctions but chose not to. The case concerned sanctions against Venezuela imposed ‘in view of the risk of further violence, excessive use of force,...
24 Feb UN Sanctions on Iran: Back in Force or Gone for Good?
...implementation and non-compliance of sanctions and providing recommendations to improve enforcement. The Panel’s mandate was renewed several times through subsequent UNSC resolutions; however, after the JCPOA, the Panel’s mandate was not renewed. Russia and China can block any attempt to re-establish the Panel, thereby further impeding the implementation and monitoring of the sanctions. Although there has been no official press release by the UNSC regarding the reinstatement of sanctions, the website of the 1737 Sanctions Committee is now updated to indicate the reimposition of sanctions (in the section ‘Further information...
01 May Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Human Rights Relationships Across Borders in the Triple Planetary Crisis
...sacrificed by the take-make-waste fossil-fuel economy. The interconnected ecological realities of today and their intertwined social dimensions provide a stark contrast to the territorially bounded nation state that is invoked by the word ‘extraterritorial’, whether in relation to the exercise of jurisdiction or the extent of human rights obligations. ‘Extraterritorial’, as the binary opposite of ‘territorial’, invokes the fiction of the bounded autonomous state, mirroring ‘liberal man’. Rich states often pretend to be bounded autonomous beings, erecting border walls (whether real or performative) to keep climate migrants (refugees) out while...
22 Jul China’s Law on Promoting Ethnic Unity and Progress and Extraterritorial Jurisdiction
...may be unclear in the present state of international law. However, even if the extraterritorial legislation of such kind might not be per se illegal in every case, the prescription itself is contrary to, among other human rights concerns, the requirements of clarity and precision of the principle of legality, which as both a custom and a general principle of law, binds China notwithstanding its non-ratification of the ICCPR. The Legality of China’s Extraterritorial Enforcement The enforcement of the prescribed law is another question, far less permissive under international law....