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Home Posts tagged "Qatar"

Sanctioning Qatar Continued: The United Arab Emirates is brought before the ICJ

Published on June 22, 2018        Author: 
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On 11 June, Qatar initiated proceedings (“Application”) against the United Arab Emirates (“the UAE”) at the International Court of Justice under the Convention on the Elimination of all Forms of Racial Discrimination (CERD) and requested provisional measures. This step is yet another episode in the diplomatic standoff that took the world by surprise last year when Saudi Arabia, the UAE, Bahrain and Egypt (“the Quartet” or “Gulf States”) adopted a series of stringent measures against the oil-rich kingdom. When the crisis first erupted the Qatari foreign minister alluded to a violation of the principle of non-intervention when he claimed that the genuine motive behind the sanctions was “about limiting Qatar’s sovereignty, and outsourcing [its] foreign policy”. Rather than resort to retaliatory sanctions Qatar has turned to diplomacy, lobbying and various dispute settlement mechanisms. It has seized the United Nations, notably the Office of the High Commissioner for Human Rights (“OHCHR”), and the International Civil Aviation Organization (see also here and here) in search for support in condemning the coercive measures as unlawful. Qatar added pressure to the sanctioning States when it filed a request for consultation before the WTO’s dispute settlement body in August 2017 but ultimately decided to only pursue the complaint against the UAE. As noted by Johannes Fahner (see here) the proceedings before the WTO could lead to a GATT Article XXI case, which States have tended to avoid. By engaging the ICJ Qatar is taking its dispute against the UAE to the next level. Unlike the UAE, Saudi Arabia, Bahrain and Egypt adopted reservations to the ICJ’s jurisdiction under Article 22 of the Convention upon ratification.

In its Application, Qatar claims the expulsion of Qatari nationals from the UAE’s territory violates General Recommendation 30, adopted by the CERD Committee in August 2004 (para. 59), and have led to human rights violations:

“including the rights to marriage and choice of spouse, freedom of opinion and expression, public health and medical care, education and training, property, work, participation in cultural activities, and equal treatment before tribunals”

solely on the basis of their nationality contrary to CERD Article 5 (para. 63). The Application further lists the travel embargo – which closes off air, sea and land to and from Qatar – among the discriminatory measures as well as the shutting down of local Al-Jazeera offices and the blocking off of transmissions from Al-Jazeera and other Qatari-based media outlets. In addition, Qatar alleges the UAE has encouraged rather than condemned discrimination by:

“allowing, promoting, and financing an international anti-Qatar public and social media campaign; silencing Qatari media; and calling for physical attacks on Qatari entities”

in violation of CERD Articles 2 and 7 (paras 57 and 61 to 63). The UAE is also said to be responsible for breaching CERD Article 4 and inciting hate speech (para. 60). According to Qatar it has “fail[ed] to provide effective protection and remedies to Qataris to seek redress against acts of racial discrimination through UAE courts and institutions” in violation of Article 6 CERD (para. 64). Read the rest of this entry…

 

Port State Jurisdiction Beyond Oceans Governance: The Closure of Ports to Qatar in the 2017 ‘Gulf Crisis’

Published on July 3, 2017        Author: 
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5 June 2017 witnessed numerous states severing diplomatic ties with Qatar, including Bahrain, Egypt, Saudi Arabia (see also part 2, part 3) and the United Arab Emirates (UAE). These were later joined by the Comoros, Libya (Provisional Government), the Maldives, Mauritania and Yemen. Others have downgraded relations with Qatar to a lesser degree (e.g. recalling ambassadors), including Chad, Djibouti, Eritrea, Jordan, Niger and Senegal. However, as a sign of rising tensions, the measures adopted go further than the previous 2014 breakdown of relations. A number of territorial restrictions in the Persian Gulf region were adopted against persons, vessels or aircraft with a link to Qatar. The most interesting measures for discussion here are those adopted in a port state capacity. The key question concerns the jurisdictional basis on which these port states have taken measures against foreign vessels – especially given the imposition of denial of entry on the basis of purely extraterritorial conduct (visited Qatar), or future conduct (destined for Qatar)?

Since adoption of the United Nations Convention on the Law of the Sea (UNCLOS), the formal role of port states in ocean governance has been increasing. Port states had played a role prior to UNCLOS, focused upon issues of marine pollution, but this has been expanded upon by subsequent treaties further addressing pollution, labour standards and the fight against illegal, unreported and unregulated (IUU) fishing (on which see the recent post by Diane Desierto). In this post I cover a further direction in the use of regional port state measures that has been highlighted by recent events within the Persian Gulf: the shaping of another state’s foreign and domestic policies.

A port state may be defined as the state with territorial sovereignty over a port to which a foreign vessel is requesting entry, or currently resides within. The United Arab Emirates (UAE), as a port state, closed all seaports to Qatari vessels and banned all Qatari means of transportation (sea and air) from entering or leaving its territory. To implement this decision, Fujairah, Abu Dhabi (and also see here), Ras Al Khaimah, and Sharjah ports have prohibited entry to Qatari flagged or owned vessels, all vessels destined to, or coming from, Qatari ports, and all vessels carrying cargo destined for or coming from Qatar (subsequently, slightly eased). Bahrain (and also see here) similarly closed all its ports to vessels coming from or going to Qatar. Saudi Arabia (and also see here) closed all sea ports to Qatari flagged or owned vessels, and denied port unloading/loading services to all vessels carrying cargo to/from Qatar. While UAE stated it would prevent “means of transportation” leaving its territory, reports only indicate containers being stuck in port. In contrast, the Saudi Port Authority confirmed vessels “destined for Qatar” will not be given clearance to leave port. According to Intertanko, there are “conflicting reports regarding the use of ports in Egypt”. In contrast, other port states, including Iran and Oman, who object to the economic pressures imposed, have offered access and use of their ports necessary for vessels destined to Qatar. Read the rest of this entry…

 

Sanctioning Qatar: Coercive interference in the State’s domaine réservé?

Published on June 30, 2017        Author:  and
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On 23 May, the Qatar News Agency published content attributing statements to Qatar’s Emir which laid bare simmering regional sensitivities and quickly escalated into a full-blown diplomatic row between Qatar and other regional Powers.

Indeed, on Monday 5 June, Saudi Arabia, the United Arab Emirates (UAE), Bahrain and Egypt adopted what has been dubbed a ‘diplomatic and economic blockade’ (to the annoyance of some). Not only did these States close their land, naval and aerial borders for travel and transport to and from Qatar, the three Gulf States also appeared to expel Qatari diplomats and order (some) Qatari citizens to leave their territory within 14 days. In addition, websites from the Al Jazeera Media Network, as well as other Qatari newspapers, were blocked and offices were shut down in several countries. At the end of a feverish week, on Friday 9 June, targeted sanctions were furthermore adopted against Qatari organizations and nationals believed to have links to Islamist militancy.

In justification of the measures, the sanctioning States invoked the Gulf Cooperation Council’s 2013 Riyadh Agreement and its implementation mechanisms as well as the Comprehensive Agreement of 2014. Although the contents of these agreements are not public, it is believed that the Gulf States expected Qatar to curtail its support to groups that purportedly pose a threat to the region’s stability, such as Hamas and the Muslim Brotherhood. Read the rest of this entry…