Download or read book Unilateral Sanctions in International Law and the Enforcement of Human Rights written by Iryna Bogdanova and published by BRILL. This book was released on 2022-07-11 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Open Access publication of this book has been published with the support of the Swiss National Science Foundation. Are unilateral economic sanctions legal under public international law? How do they relate to the existing international legal principles and norms? Can unilateral economic sanctions imposed to redress grave human rights violations be subjected to the same legal contestations as other unilateral sanctions? What potential contribution can the recently formulated doctrine of Common Concern of Humankind make by introducing substantive and procedural prerequisites to legitimise unilateral human rights sanctions? Unilateral Sanctions in International Law and the Enforcement of Human Rights by Iryna Bogdanova addresses these complex questions while taking account of the burgeoning state practice of employing unilateral economic sanctions.

Download or read book Unilateral Sanctions in International Law written by Surya P Subedi QC and published by Bloomsbury Publishing. This book was released on 2021-05-06 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are. The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment. This study finds that unilateral sanctions by a state or a group of states against another state as opposed to 'smart' or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.

Download or read book United Nations Sanctions and International Law written by Vera Gowlland-Debbas and published by BRILL. This book was released on 2021-11-15 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reactivation of the Security Council at the beginning of the last decade has resulted, since the invasion of Kuwait by Iraq on August 2, l990, in increasing use of its powers under Chapter VII of the Charter and the adoption of measures against a number of state and non-state entities. The notion of a threat to the peace has now come to encompass violations of fundamental norms of international law such as human rights and humanitarian law, and the wide-ranging measures adopted have included such innovations as the establishment of the UN Compensation Commission or that of the two international criminal tribunals for Former Yugoslavia and Rwanda. These measures have not only infringed on the legal rights of the targeted state (sometimes with irreversible effects where they have remained in force over a long period of time) and its population, but also on those of implementing states and of private rights within these states. The current debate over the legitimacy and long-term effects of economic sanctions on states and their populations makes it imperative to re-evaluate this instrument and the broader peace maintenance function of the Security Council in the light of current community concerns. Part One of this book addresses the theoretical issues by focussing on: 1) The place of sanctions in the international legal system; 2) the limits to the powers of the Security Council and the question of accountability; and 3) an assessment of the alternatives to collective economic sanctions. Part Two looks at the relationship between sanctions and humanitarian issues, examining the relationship between: 1) Sanctions and human rights law; 2) sanctions, humanitarian issues and mandates; and 3) sanctions and humanitarian law. Part Three focuses on implementation by states of Security Council sanctions resolutions by examining: 1) Sanctions and private rights; and 2) special problems for implementing states. Part Four addresses the future in reassessing the place and ethics of sanctions in an international legal system which is giving increased importance to the individual. This work is based on papers presented at a colloquium of the Graduate Institute of International Studies in Geneva.

Download or read book Research Handbook on Unilateral and Extraterritorial Sanctions written by Beaucillon, Charlotte and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy. This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions. Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.

Download or read book Economic Sanctions under International Law written by Ali Z. Marossi and published by Springer. This book was released on 2015-03-03 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Second World War, States have increasingly relied upon economic sanctions programs, in lieu of military action, to exert pressure and generally to fill the awkward gap between verbal denunciation and action. Whether or not sanctions are effective remains a point of contention among policymakers. Frequently asked questions include whether any legal order constrains the use of sanctions, and, if so, what the limits on the use of sanctions are. This volume gathers contributions from leading experts in various relevant fields providing a seminal study on the limits of economic sanctions under international law, including accountability mechanisms when sanctioning States go too far. Where there are gaps in the law, the authors provide novel and important contributions as to how existing legal structures can be used to ensure that economic sanctions remain within an accepted legal order. This book is a most valuable contribution to the literature in the fields of international economic law, public international law and international dispute resolution. Ali Z. Marossi is an advisory board member of The Hague Center for Law and Arbitration. Marisa R. Bassett is Associate Legal Officer in the Office of the Prosecutor for the ICTY and former Associate at White & Case LLP.

Download or read book Economic Sanctions in International Law and Practice written by Masahiko Asada and published by Routledge. This book was released on 2019-11-07 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing perspectives from a range of experts, including international lawyers, political scientists, and practitioners, this book assesses current theory and practice of economic sanctions, discussing current legal and political challenges faced by the international community. It examines both the implementation of sanctions by major powers – the United States, the European Union, and Japan – as well as assessing the impact of those sanctions through case studies of Russia, Iran, Syria, and North Korea. Balancing theoretical analysis of legal considerations with national and regional level empirical analysis, it also includes coverage of sanctions issues by the UN Security Council and the EU, as well as the extraterritorial application of sanctions. A valuable reference for academics and practitioners, Economic Sanctions in International Law and Practice will be useful to those working in the fields of international law, diplomacy, and international political economy.

Download or read book Targeted Sanctions written by Thomas J. Biersteker and published by Cambridge University Press. This book was released on 2016-03-17 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Systematically analyzes the impacts and the effectiveness of UN targeted sanctions over the past quarter century.

Download or read book Research Handbook on UN Sanctions and International Law written by Larissa van den Herik and published by Edward Elgar Publishing. This book was released on 2017-07-28 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1990s have been labeled the ‘Sanctions Decade’, since they witnessed an unprecedented intensification of the use of collective non-military enforcement measures, and in particular sanctions, by the post-Cold War reactivated Security Council. This Research Handbook studies the current practice of UN sanctions in international law, their interrelationship with other regimes and substantive areas of law, as well as issues arising from their implementation and application at the domestic level.

Download or read book Economic Sanctions Against Human Rights Violations written by Buhm-Suk Baek and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of human rights protection, historically, has been considered as a domestic matter, to be realized by individual states within their domestic law and national institutions. The protection and promotion of human rights, however, have become one of the most important issues for the international community as a whole. Yet, with time, it has become increasingly difficult for the international community to address human rights problems collectively. Despite a significant development in the human rights norms, effective protection of fundamental human rights and their legal enforcement has a long way to go. This paper will argue that economic sanctions can contribute to a decrease in individual states' human rights violations and can be an effective enforcement tool for international law. The international community, including the U.N., should impose effective economic sanctions against states where gross human rights violators are. Economic sanctions have been widely used by the U.N. since the end of the Cold War. Their purpose is generally not to punish the individual state but to modify its behavior. However, such sanctions conflict with other fundamental principles of international law, namely the principle of non-intervention and state sovereignty. Economic sanctions can also conflict with the WTO's first agenda: free trade. Even worse, economic sanctions are criticized because these sanctions are, arguably, targeted at the people at large, not to the regime, a violator of international norms. This paper will review the role of economic sanctions in international human rights law. Chapter II examines the principle of non-intervention and whether its exceptions are in international human rights law. Chapter III reviews the doctrines and practices of economic sanctions for human rights protection by the U.N. Security Council, the U.S., and the E.U. Chapter IV examines the legality of the economic sanctions against human rights violations under the WTO system and reviews the possibility of the harmonization of international economic law with international human rights law. Lastly, Chapter V concludes by emphasizing the importance of economic sanctions against human rights violations. Based on the research outlined above, this paper concludes as follows: Chapter II maintains that the relationship between human rights and state sovereignty should and can be complementary. The protection and promotion of human rights can be enhanced with a respect for state sovereignty. In other words, each individual state has a responsibility to protect and promote the human rights of its own nationals based upon the principle of sovereignty. State sovereignty and independence should serve not as a hurdle to, but as a guarantee for the realization of the fundamental human rights of the state's nationals. Chapter II also concludes that the concept of human rights has been expanded and the core human rights are inalienable and legally enforceable ones. The evolvement of international human rights law is one of the most remarkable innovations in modern international law. If gross human rights violations, especially those established by the status of Jus Cogens or obligations Erga Omnes, are not solved by a state itself, it is no longer solely the problem of the state concerned. Fundamental human rights have acquired a status of universality and the international community should accept this. Chapter III reviews the doctrines and practices of economic sanctions for human rights protection by the U.N. Security Council, the U.S., and the E.U. All cases of economic sanctions against gross human rights violations discussed, ten by the Security Council, five by the U.S. and seven by the E.U., were provided as samples to illustrate the idea that economic sanctions by the international community as a whole bolster fundamental human rights. This paper concludes that the sanctions by the Security Council, the U.S. and the E.U. have at least some positive effects on international human rights law. They build international human rights norms. This development also leads to the growing willingness of the international community to impose economic sanctions for human rights protection. Undeniably, economic sanctions have had some negative effects on the targeted states. In numerous reports and articles, scholars and human rights advocates have constantly argued that economic sanctions hurt large numbers of innocent civilians in the targeted states. Economic sanctions, however, cannot be the sole cause of civilian suffering in the targeted states. The targeted states should bear the heavy burden of responsibility for this suffering. It is undeniable that economic sanctions have inherent flaws. But, this paper disagrees with arguments for opposing the use of economic sanctions because of such flaws and negative effects. The problem is not in the sanctions themselves, but in their effect. Therefore, the criticism on economic sanctions should focus on finding a way to decrease their negative effects, rather than arguing for not imposing them without providing a better alternative. Overall, this chapter concludes that economic sanctions have become part of a collective effort by the international community to develop current human rights norms and to protect and promote fundamental human rights in the targeted states. Chapter IV concludes that while economic sanctions are inherently against the free trade provisions of the GATT, economic sanctions against gross human rights violations are allowed under the exceptional provisions of the GATT in the WTO system. This paper also argues that the GATT should be interpreted consistently with international law. That is, trade restriction measures against gross human rights violations are compatible with the GATT. As discussed in Chapter II and III, fundamental human rights violations are no longer just the domestic concern of each individual state. The evolvement of international human rights law demonstrates that, first, international human rights norms recognized as Jus Cogens provide the legality for the international community's intervention in offending states; and second, the Erga Omnes status of international human rights norms shows that every state has an interest in other states observing these human rights norms. Overall, while some economic sanctions may conflict with the main goal of the WTO, i.e. free trade, economic sanctions against human rights violations do not undermine the WTO system itself. Rather, they can be adapted to the WTO's free trade framework under international law. Since the adoption of the Universal Declaration of Human Rights in 1948, there has been a significant evolution toward the universality of human rights. However, international legal enforcement systems for human rights norms are still underdeveloped despite the considerable progress in international human rights law. This paper concludes that economic sanctions can contribute to a decrease in individual states' human rights violations and can be an effective enforcement tool for international law.

Download or read book Coercive Diplomacy Sanctions and International Law written by Natalino Ronzitti and published by Martinus Nijhoff Publishers. This book was released on 2016-03-11 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores sanctions as instruments of coercive diplomacy, delving into theoretical arguments and combining perspectives from international law and international relations scholars and practitioners. Primary questions include the compatibility and legitimacy of sanctions regimes, enforcement measures, including the role of sanctions committees, the practice of circumventing sanctions, and the relation with the ICC proceedings. Legal and institutional aspects of the practice of the European Union are addressed. The extraterritorial effects of national legislation implementing sanctions imposed by individual States are investigated. A focus is on the impact of sanctions on non-State actors. The connections with the protection of human rights and the adverse impact on individual rights are considered. The implementation of sanctions is addressed in view of their legal limitation and the concept of proportionality, their consequences upon existing treaties and contracts, their effectiveness, and their strategic implications.

Download or read book Economic Sanctions and International Law written by Matthew Happold and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years sanctions have become an increasingly popular tool of foreign policy, not only at the multilateral level (at the UN), but also regionally (the EU in particular) and unilaterally. The nature of the measures imposed has also changed: from comprehensive sanctions regimes (discredited since Iraq in the 1990s) to 'targeted' or 'smart' sanctions, directed at specific individuals or entities (through asset freezes and travel bans) or prohibiting particular activities (arms embargoes and export bans). Bringing together scholars, government and private practitioners, Economic Sanctions and International Law provides an overview of recent developments and an analysis of the problems that they have engendered. Chapters examine the contemporary practice of the various actors, and the legality (or otherwise) of their activities. Issues considered include the human rights of persons targeted, and the mechanisms established to challenge their listing; as well as, in cases of sanctions imposed by regional organisations and individual states, the rights of third States and their nationals. The book will be of interest to scholars and practitioners of international law and politics.

Download or read book Unilateral Economic Sanctions in the Light of International Law written by Mahmoud Rahimi and published by . This book was released on 2014 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unilateral sanctions are measures that are taken by some states against other states mostly on political reasons. However, they are sometimes taken in conformity with the UN Security Council resolutions. Targeting states usually have political justifications to take unilateral sanctions even in the absence of any adopted resolution by the Security Council against the targeted state. Although this kind of sanctions is taken against developing countries and their governments, sometimes developed countries are also targeted. The Islamic Republic of Iran has been sanctioned by the United States of America since the early days after the Islamic revolution in 1979. The Security Council resolutions against Iran have aggravated the sanctions against this country and more states have joined the list of targeting governments. Although collective sanctions have been used as a pretext to justify unilateral sanctions on Iran, this kind of measures have raised many questions as to their legitimacy according to international law. This paper has tried to show a brief study of the inconformity of these measures with peremptory principles of international law and human rights.

Download or read book Economic Sanctions in International Law written by and published by Martinus Nijhoff Publishers. This book was released on 2002-11-26 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Centre for Studies and Research in International Law and International Relations forms part of the Hague Academy of International Law, and operates under the authority of its managing board and within the framework of its teaching. The Centre was established to further in-depth research in the area of international law. The topic for 2000 was Economic Sanctions in International Law. The contents of this volume include: - Bilan de recherches de la section de langue francaise du Centre d'etude et de recherche de l'Academie, par L.-A. Silianos, professeur a l'Universite d'Athenes. - The Present State of Research carried out by the English speaking Section of the Centre for Studies and Research, by Mrs. L. Picchio Forlati, Professor of the University of Venice. - Annex. List of Participants and Subjects Treated. - The Centre for Studies and Research in International Law and International Relations of The Hague Academy of International Law.

Download or read book Beyond Unilateral Economic Sanctions written by Joseph J. Collins and published by CSIS. This book was released on 1999 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Economic Sanctions under International Law written by P. Sean Morris and published by Taylor & Francis. This book was released on 2024-08-15 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The effects of US secondary sanctions are broad and are often designed to cripple the target country’s economy and currency. Some states have sought to circumvent these sanctions by setting up a special purpose vehicle to facilitate trade and financial transactions with the sanctioned country on humanitarian grounds. Although the nature of these special purpose vehicles is new and experimental, they are little understood, not least how they operate and function in international law. This volume addresses this gap by identifying and examining some of the legal issues that a special purpose vehicle such as the Instrument in Support of Trade Exchanges (INSTEX) generates. The collection brings together leading legal academics, sanctions practitioners and policy experts to provide an assessment of the special purpose vehicle in the context of secondary sanctions in international law. It will be of interest to researchers and academics in International law, Security law, Economic law and Comparative law.

Download or read book Economic Sanctions in EU Private International Law written by Tamás Szabados and published by Bloomsbury Publishing. This book was released on 2020-01-23 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic sanctions are instruments of foreign policy. However, they can also affect legal relations between private parties – principally in contract. In such cases, the court or arbitration tribunal seized must decide whether to give effect to the economic sanction in question. Private international law functions as a 'filter', transmitting economic sanctions that originate in public law to the realm of private law. The aim of this book is to examine how private international law rules can influence the enforcement of economic sanctions and their related foreign policy objectives. A coherent EU foreign policy position – in addition to promoting legal certainty and predictability – would presuppose a uniform approach not only concerning the economic sanctions of the EU, but also with regard to the restrictive measures imposed by third countries. However, if we examine in detail the application of economic sanctions by Member States' courts and arbitral tribunals, we find a somewhat different picture. This book argues that this can be explained in part by the divergence of private international law approaches in the Member States.

Download or read book Sanctions of International Law with Special Emphasis on Collective and Unilateral Use of Economic Weapons written by Bakri Mudathir and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis examines one of the most challenging problems of international law in our time, namely, the concept and techniques of enforcement by the use of sanctions. Part I outlines the nature and scope of the study, and pursues the legal history and jurisprudence of sanctions and coercion. Part II investigates the legal and constitutional framework of the concept of sanctions, and discusses diplomatic and military sanctions. Part III investigates the nature and definition, types, and objectives of economic sanctions. Part IV examines the concepts of economic measures undertaken unilaterally by State(s) e.g., economic warfare, aggression, and coercion, and compares them to economic sanctions. Part V examines the enforcement of sanctions by international organizations such as the League of Nations, the United Nations, specialized agencies and regional organizations. Part VI discusses international trade costs and vulnerability to economic sanctions, conditions essential to international enforcement, the likely responses of the target State and concludes with a retrospective of sanctions.