Suchergebnisse

Discussing under what conditions states can take unilateral action to promote the interests of the international community, this title puts forward an argument in favour of unilateral action in the common interest, but suggests a number of restraining techniques to limit its intrusiveness.

Abstract
The US is increasingly weaponizing economic sanctions to push through its foreign policy agenda. Making use of the centrality of the US in the global economy, it has imposed 'secondary sanctions' on foreign firms, which are forced to choose between trading with US sanctions targets or forfeiting access to the lucrative US market. In addition, the US has penalized foreign firms for breaching US sanctions legislation. In this contribution, it is argued that the international lawfulness of at least some secondary sanctions is doubtful in light of the customary international law of jurisdiction, as well as conventional international law (eg, WTO law). The lawfulness of these sanctions could be contested before various domestic and international judicial mechanisms, although each mechanism comes with its own limitations. To counter the adverse effects of secondary sanctions, third states and the EU can also make use of, and have already made use of, various non-judicial mechanisms, such as blocking statutes, special purpose vehicles to circumvent the reach of sanctions, or even countermeasures. The effectiveness of such mechanisms is, however, uncertain.

Abstract
This article provides an analysis of the Dutch Supreme Court judgment in the Mothers of Srebrenica case, placing it in its context, and comparing it with earlier and related decisions, in particular the judgments in the cases of Nuhanović and Mustafić. The Mothers of Srebrenica is a foundation established to represent the interests of the approximately 6000 surviving relatives of the victims of the fall of Srebrenica during the conflict in the former Yugoslavia (1995). The foundation holds the Netherlands responsible for not having done enough to protect the victims of the Srebrenica genocide. This contribution addresses the attribution of the conduct of the United Nations peacekeeping contingent to the troop-contributing State (the Netherlands), followed by the wrongfulness of the peacekeepers' conduct and the State's attendant liability for damages suffered by the victims. It is argued that the Dutch State's international responsibility was only engaged because of the exceptional circumstances present in Srebrenica at the time. In the ordinary course of events, the liability of troop-contributing States is unlikely to be engaged if the Supreme Court's review standard were to be applied.

Introduction / Ivo Giesen, Liesbeth Enneking, François Kristen, Lucas Roorda, Cedric Ryngaert, Anne-Jetske Schaap -- Whose Responsibilities? The Responsibility of the 'Business Enterprise' to Respect Human Rights / Björn Fasterling -- National Contact Points under OECD's Guidelines for Multinational Enterprises : Institutional Diversity Affecting Assessments of the Delivery of Access to Remedy / Karin Buhmann -- Unpacking Accountability in Business and Human Rights : The Multinational Enterprise, the State, and the International Community / Larry Backer -- The Effectiveness of International Arbitration to Provide Remedy for Business-Related Human Rights Abuses / Katerina Yiannibas -- Justice without Borders : Models of Cross-Border Legal Cooperation and What They can Teach us / Jennifer Zerk -- Ignorantia facti excusat? : the Viability of Due Diligence as a Model to Establish International Criminal Accountability for Corporate Actors Purchasing Natural Resources from Conflict Zones / Daniëlla Dam-de Jong -- From 'Too Big to be Governed' to 'Not Too Big to be Responsible'? / François Kristen & Jessy Emaus -- Holding Businessmen Criminally Liable for International Crimes : Lessons from the Netherlands on How to Address Remote Involvement / Marjolein Cupido, Mark Hornman & Wim Huisman -- Legally Binding Duties for Corporations under Domestic Criminal Law Not to Commit Modern Slavery / Anne-Jetske Schaap -- Limited Liability and Separate Corporate Personality in Multinational Corporate Groups : Conceptual Flaws, Accountability Gaps and the Case for Profit-Risk Liability / Paul Dowling -- The Swiss Federal Initiative on Responsible Business : From Responsibility to Liability / Nicolas Bueno -- The Mismatch between Human Rights Policies and Contract Law : Improving Contractual Mechanisms to Advance Human Rights Compliance in Supply Chains / Martijn Scheltema -- Accountability, International Business Operations and The Law : The Way Forward / Cedric Ryngaert, Liesbeth Enneking, Ivo Giesen, François Kristen, Lucas Roorda Anne-Jetske Schaap