Search: extraterritorial sanctions
24 Jun Unilateral Regulation Without Mirror Clauses? The Limits of the EU’s Brussels Effect in the EU–Mercosur Agreement
...now widely regarded as obsolete, as extraterritorial jurisdiction appears antinomic within a Westphalian international order essentially built on territorial sovereignty. The upshot, for present purposes, is that directly regulating production practices within Mercosur territory would expose the EU to significant legal and diplomatic friction. Notwithstanding international law’s prohibitive tendencies toward extraterritorial jurisdiction, the Union has developed alternative means of influencing actors operating overseas, colloquially known as the “Brussels Effect.” The term, coined by Prof. Anu Bradford, describes the EU’s capacity to externalise its regulatory standards beyond its borders through market-access...
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...
15 Dec Baltic Backdrop: Sanctions Evasion and the Legal Limits of Maritime Enforcement
...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 shipping...
27 May Futureproofing Human Rights Symposium: Learning from the Nasa Indigenous Justice System to Rethink Accountability
...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), community...
07 Jan Repression of Civil Disobedience: Pathways to Protect Activists
...unduly restricted their right to freedom of expression, even if they broke the law. Regional human rights courts have often emphasized that criminal sanctions are likely to have a chilling effect on freedom of expression and that criminal law should be used as a last resort, especially in cases where people exercise their rights peacefully. Domestic courts have reiterated these principles. For example, the French Court of Cassation has repeatedly ruled that lower courts must assess in each case whether imposing criminal sanctions on human rights defenders would disproportionately restrict...
24 Oct International Court Rulings Require EU Action on Israel and Palestine: Sanctions, Trade Measures, Support for ICC Crucial to Comply with International Law
...Israel – as requested by the governments of Spain and Ireland – with a view to possibly suspending it in whole or in part. The ICJ’s findings authoritatively prove that successive Israeli governments have seriously breached their human rights obligations, which constitute an “essential element” of the agreement. Third, EU governments should suspend arms transfers to Israel given the real risk that the weapons will be used to commit serious abuses, and in compliance with their common position on arms transfers. Fourth, the EU should adopt targeted sanctions against Israeli officials...
28 Oct Fourth Annual Symposium on Pop Culture and International Law: Jurisdiction in Star Wars Andor – TWAIL Perspectives and Current Lessons . . . for a galaxy NOT so far away . . .
[Ernesto Hernández-López, is a Professor of Law at the Dale E. Fowler School of Law, Chapman University, in California, United States. He writes about international trade, extraterritoriality, and law and culture. @ProfeErnesto1] The Star Wars universe takes place “a long time ago in a galaxy far, far away…,” as it says in the opening screen of the movies. Since they began, the films use international law to emphasize conflict. The first released movie, A New Hope (1977), starts with a captain screaming we are “a consular ship” “on a diplomatic mission,” as he is...
14 Jul The Business of Security: New Frontiers and Old Challenges in Private Military and Security Companies Regulation – Introduction to the Symposium
...it is essential that the draft affirms States’ authority to prosecute and sanction legal and natural persons independently, and that all modes of criminal responsibility, beyond mere commission and ordering, are explicitly recognized and regulated. The responsibility of commanders and superiors, particularly in cases involving crimes under international law, must be established, alongside clarified grounds for jurisdiction that include both territorial and extraterritorial bases. Extraterritorial jurisdiction is key to allow victims to obtain justice, especially when PMSCs and their personnel operate in States with weak legal and judicial frameworks, and...
14.07.25
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Gabriella Citroni, Chiara Gabriele, Danaé van der Straten Ponthoz and Julie Bardèche
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20 Oct Civilian Protection in the Age of Deepfakes
...harm to civilians, it would run counter to the demands of humanity, rendering it unlawful. Human Rights Law Safeguards Few would contest today that IHRL applies not only in peacetime but also during armed conflict. While its application is often hindered by limits on its extraterritorial application, there are several provisions that are relevant for deepfakes without having to dive too deep into the debates surrounding their territorial scope. First and foremost, IHL contains no rules related to access to information despite its vital role in ensuring civilians’ safety. This...
08 Jan Justice Delayed is Justice Denied: Why Afghan Survivors Need Sustained ICC Action
...you can already see the chilling effect of the two-day-old Trump Administration. Standing at the podium, the Court’s Chief Prosecutor is flanked by only one person: Professor Lisa Davis, author of the ICC’s groundbreaking policy on gender persecution, which enabled the charges against the Taliban. As predicted, just weeks after the OTP announced the first two warrants, the Trump Administration imposed sanctions against the Chief Prosecutor. Despite the OTP’s assurance that more warrants were coming “soon,” U.S. hostility towards the Court was a significant obstacle. The sanctions threatened the personal...