The Legality of Executive Orders 13628 and 13645: A Bipartite Analysis

Authors

Judson Bradley

Abstract

Judson Bradley argues that recent American sanctions threaten third-party states and innocent Iranians. To comply with international law, the United States should eliminate provisions directly regulating non-U.S. citizens' conduct outside the United States while simultaneously limiting the scope of prohibited conduct. Under international law, a state's authority to impose sanctions is correlated to international law's recognition of sovereignty. But legality is seldom tied to human rights. Bradley connects Executive Orders 13628 and 13645 and human rights concerns. Addressing these Orders, Bradley clarifies the meaning of 'sanction' and focuses on the traditional principles establishing jurisdiction'nationality and territoriality. Because sovereignty and human rights are not mutually exclusive, Bradley argues these Orders are also illegal as over-inclusive. Bradley emphasizes the importance of contemporaneous sovereignty and human rights analyses, and explains why the United Nations is the better positioned to impose sanctions.

Recommended Citation

Judson Bradley, The Legality of Executive Orders 13628 and 13645: A Bipartite Analysis, 29 Emory Int'l L. Rev. 705 (2015).
Available at: https://scholarlycommons.law.emory.edu/eilr/vol29/iss4/2