Seyed Yaser ziaee; Alireza Mohammadi Motlagh
Abstract
Sanction as a mechanism to force states to comply with their international obligation has been used since many years ago. Sanction is a kind of countermeasure which had been used against states before issuing on individuals. Emerging of international terrorism and rising criticisms about traditional ...
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Sanction as a mechanism to force states to comply with their international obligation has been used since many years ago. Sanction is a kind of countermeasure which had been used against states before issuing on individuals. Emerging of international terrorism and rising criticisms about traditional sanctions caused to founding a new generation of sanctions which is called Smart sanction. In a form of smart sanction the nongovernmental actors, who are violating international norms, are sanctioned. A form of smart sanction is individual sanction, which has raised so many new debates. Although this kind of sanction is issued because of violating international norms by targeted people, it would be against international principles. Using of these sanctions indiscriminately and ignorantly for its aftermath is against of the doctrine of smart sanction. Listing some Iranian nationals due to their relation with Iran’s nuclear program, ballistic missiles and violating human rights, would be contravention of international law and fundamental principles such as: immunity of state property, impunity of diplomats and councils, and obligation of host country due to headquarter agreements with international organizations, and some fundamental human rights such as: right to movement, right to ownership, right to access to fair preceding( right to justice). The internal and international preceding have marinated that violating this principles could be a cause to void of Security Council resolutions and to end multi and unilateral individual sanctions. Violating these principles could raise the claim of targeting state and international organization responsibility and pay damage to targeted people.
Seyed Yaser Ziaee
Abstract
Jurisdiction is one of the inherent features of sovereignty. Extension of sovereign interests over the territorial borders has rendered to emergence of some criteria for extraterritorial application of jurisdiction. Extraterritorial jurisdictions can be recognized in three aspects: Legislative (prescriptive), ...
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Jurisdiction is one of the inherent features of sovereignty. Extension of sovereign interests over the territorial borders has rendered to emergence of some criteria for extraterritorial application of jurisdiction. Extraterritorial jurisdictions can be recognized in three aspects: Legislative (prescriptive), judicial) adjudicative) and executive. Legitimacy of these jurisdictions depends on historical, philosophical and conceptual view to jurisdiction in public international law. We can gather pro and anti views to the legitimacy of extraterritorial jurisdiction in academic legal texts. However advocates of extraterritorial jurisdiction don’t deny the undesired consequences of this jurisdiction. So it is important that we find a proper solution for problems of extraterritorial jurisdiction. It is suggested that ‘Extraterritorial international jurisdiction’ and ‘modified universal jurisdiction’ can play a role instead of extraterritorial legislative jurisdiction and ‘transnational law’ and ‘mutual legal guarantee’ can play a role instead of extraterritorial judicial jurisdiction.
