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29 Emory Int'l L. Rev. 705 (2014-2015)
The Legality of Executive Orders 13628 and 13645: A Bipartite Analysis

handle is hein.journals/emint29 and id is 729 raw text is: 










THE LEGALITY OF EXECUTIVE ORDERS 13628 AND 13645:
                      A BIPARTITE ANALYSIS

                               ABSTRACT

   Executive Orders 13628 and 13645 contribute questionable sanctions to
the United States' arsenal. Once again, the President has unilaterally and
unlawfully enlarged the United States'global authority, as the latest sanctions
threaten third-party states and innocent Iranians. In order to comply with
international law, the United States must eliminate any provision directly
regulating a non-U.S. citizen's conduct outside the United States while
simultaneously limiting the scope of prohibited conduct. Under international
law, a state's authority to impose sanctions correlates with international law 's
recognition of sovereignty, but rarely has legality simultaneously been tied to
human rights. his Comment attempts to do so with respect to Executive
Orders 13628 and 13645.

   The Executive Orders will be dissected by first clarifying sanction and
then by focusing on the traditional principles that establish jurisdiction-
nationality and territoriality. However, since sovereignty and human rights are
not mutually exclusive, this Comment continues by addressing the second
argument for illegality-overly comprehensive prohibitions. The conclusions
drawn herein illustrate the importance of contemporaneous sovereignty and
human rights analyses, as well as why the United Nations makes the best
imposer ofsanctions.

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