International Emergency Economic Powers Act (IEEPA)

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2022 Update: Good Governance Paper No. 18: Reforming Emergency Powers

At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.
The outside columns and relief of the US Treasury Department building in Washington, DC, on July 22, 2019.

The Biden Administration’s Disappointing Sanctions Report: What Should Come Next

Last week, the Treasury Department released a long-awaited report setting forth the results of its “comprehensive review” of U.S. sanctions. To the dismay of sanctions reform…
An exterior view of the building of US Department of the Treasury is seen on March 27, 2020 in Washington, DC.

Sanctions Law Needs Reform, But How?

Determining how the International Emergency Economic Powers Act (IEEPA) can be improved while preserving its value as a flexible instrument of foreign policy is daunting.
The International Criminal Court's (ICC) chief prosecutor, Fatou Bensouda, holds a press conference during her visit to look into allegations of extreme violence on May 3, 2018 in Kinshasa.

Congress Must Reform Sanctions Law to Avoid ICC Penalties from Happening Again

Reversing the sanctions the Trump administration placed on International Criminal Court leaders is not enough to prevent something like that from happening again.
International Red Cross and Red Crescent workers keep watch at an airport in the southern city of Aden, the interim seat of the Yemeni government, on October 16, 2020, as the war-torn country began swapping 1,000 prisoners in a complex operation overseen by the International Committee of the Red Cross.

Fixing “Material Support” — Lessons from the Houthi Terror Designation

Reversing the Trump administration's disastrous designation was a good first step - but the US must address fundamental flaws in the material support statutes to ensure continued…
People walk down a flooded street as they evacuate their homes after the area was inundated with flooding from Hurricane Harvey on August 28, 2017 in Houston, Texas. A number of people use rowboats and small motorized boats as well. The flooding appears to be up to people’s waists in some areas of the street and to their knees in the more shallow areas.

Is Climate Change a National Emergency?

Declaring a national climate emergency would convey a powerful signal from the White House about the urgency of the climate crisis —while also activating several legal authorities…
A mobile phone displays the logos for Chinese apps WeChat and TikTok in front the flags of the United States and China.

Biden Paused Trump’s WeChat and TikTok Bans: Now What?

Trump’s extreme uses of IEEPA have backfired, resulting in a narrower interpretation of executive powers under IEEPA and a firmer articulation of how the Berman Amendment protects…
Parchment paper reading, “The Good Governance Papers: A Collection of Essays in favor of public integrity and the rule of law as written upon at Just Security Fall 2020”

Good Governance Paper No. 18: Reforming Emergency Powers

Latest in series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and rule of law.
Trump and Pompeo

Trump’s Executive Order on the ICC is Illegal, Not Just Shameful

Significant First Amendment concerns are raised by the administration's sanctions against the International Criminal Court and against those who support the ICC's work.
The TikTok app showed on an Apple iPhone.

The Troubling Free Speech Implications of Trump’s TikTok/WeChat Sanctions

When expressive activity is increasingly happening online, we should all be concerned about expansive presidential powers that can effectively shut down some of those avenues of…
ICC President Judge Sang-Hyun Song and Judges Marc Perrin de Brichambaut (France), Piotr Hofmanski (Poland), Antoine Kesia-Mbe Mindua (Democratic Republic of Congo), Bertram Schmitt (Germany), Peter Kovacs (Hungary) and Chang-ho Chung (Republic of Korea) during a swearing-in ceremony at the International Criminal Court (ICC) in The Hague on March 10, 2015.

First They Came For Me and My Colleagues: The U.S. Attack on the Int’l Criminal Court

Professor Leila Nadya Sadat has served since December 2012 as the Special Adviser to the International Criminal Court Prosecutor on Crimes Against Humanity.
A large truck carrying pick-up trucks enters the US at the Otay Mesa port of entry at the US-Mexico border in San Diego, California on June 8, 2019.

The Right Way to Reform the U.S. President’s International Emergency Powers

Strong procedural checks and balances would improve oversight and limit the scope for abuse.
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