Download or read book National Implementation of United Nations Sanctions written by Vera Gowlland-Debbas and published by Martinus Nijhoff Publishers. This book was released on 2004 with total page 683 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is a comparative study of domestic implementation of Security Council mandatory sanctions taken under Article 41, Chapter VII of the UN Charter, including the establishment of the two international criminal tribunals, the ICTY and ICTR, and recent resolutions on the combating of the financing of terrorism. The book examines implementation in 16 select States in Europe, America, Asia, the Middle East and Africa, underlining also the particular problems arising from sanctions implementation by the European Union, by a permanently neutral and former non-Member State - Switzerland - and by States confronted with special economic problems within the meaning of Article 50 of the UN Charter. Three interrelated themes are addressed. The first, of a theoretical nature, concerns the question of whether implementation of Security Council resolutions, particularly where perceived to be in fulfilment of community objectives, poses problems which are in some way distinct from those raised by the implementation of other conventional international law obligations, thereby shedding a different light on the traditional relationship between international and municipal law. The second concerns the effectiveness of the decisions of the Security Council viewed from the perspective of the effective mise en oeuvre of these decisions in national law. The third theme concerns the legitimacy of Security Council resolutions as seen from the viewpoint of domestic legal systems, that is the extent to which Security Council decisions encroach on internationally or constitutionally protected individual rights and the potential role played by domestic courts in reviewing the decisions of the Security Council.The latter has assumed particular importance in the framework of the combating of the financing of terrorism. This work, which brings together the research results of 29 academics and experts, is the second publication within the framework of a project on Security Council sanctions carried out under the auspices of the Graduate Institute of International Studies. The first, which looked at a broad set of issues, was entitled "United Nations Sanctions and International Law" and was published by Kluwer Law International in 2001.
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 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 The Art of Sanctions written by Richard Nephew and published by Columbia University Press. This book was released on 2017-12-12 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nations and international organizations are increasingly using sanctions as a means to achieve their foreign policy aims. However, sanctions are ineffective if they are executed without a clear strategy responsive to the nature and changing behavior of the target. In The Art of Sanctions, Richard Nephew offers a much-needed practical framework for planning and applying sanctions that focuses not just on the initial sanctions strategy but also, crucially, on how to calibrate along the way and how to decide when sanctions have achieved maximum effectiveness. Nephew—a leader in the design and implementation of sanctions on Iran—develops guidelines for interpreting targets’ responses to sanctions based on two critical factors: pain and resolve. The efficacy of sanctions lies in the application of pain against a target, but targets may have significant resolve to resist, tolerate, or overcome this pain. Understanding the interplay of pain and resolve is central to using sanctions both successfully and humanely. With attention to these two key variables, and to how they change over the course of a sanctions regime, policy makers can pinpoint when diplomatic intervention is likely to succeed or when escalation is necessary. Focusing on lessons learned from sanctions on both Iran and Iraq, Nephew provides policymakers with practical guidance on how to measure and respond to pain and resolve in the service of strong and successful sanctions regimes.
Download or read book United Nations Sanctions and the Rule of Law written by Jeremy Matam Farrall and published by Cambridge University Press. This book was released on 2009-07-09 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Security Council has increasingly resorted to sanctions as part of its efforts to prevent and resolve conflict. In this 2007 book, Farrall traces the evolution of the Security Council's sanctions powers and charts the contours of the UN sanctions system. He also evaluates the extent to which the Security Council's increasing commitment to strengthening the rule of law extends to its sanctions practice. The book identifies shortcomings in respect of key rule of law principles and advances pragmatic policy-reform proposals designed to ensure that UN sanctions promote, strengthen and reinforce the rule of law. In its appendices United Nations Sanctions and the Rule of Law contains summaries of all 25 UN sanctions regimes established to date by the Security Council. It forms an invaluable source of reference for diplomats, policymakers, scholars and advocates.
Download or read book The Evolution of UN Sanctions written by Enrico Carisch and published by Springer. This book was released on 2017-10-27 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marking the 50th anniversary of UN sanctions, this work examines the evolution of sanctions from a primary instrument of economic warfare to a tool of prevention and protection against global conflicts and human rights abuses. The rise of sanctions as a versatile and frequently used tool to confront the challenges of armed conflicts, terrorism, the proliferation of weapons of mass destruction and violations of international humanitarian and human rights law, is rooted in centuries of trial and error of coercive diplomacy. The authors examine the history of UN sanctions and their potential for confronting emerging and future threats, including: cyberterrorism and information warfare, environmental crimes, and corruption. This work begins with a historical overview of sanctions and the development of the United Nations system. It then explores the consequences of the superpowers' Cold War stalemate, the role of the Non-Aligned Movement, and the subsequent transformation from a blunt, comprehensive approach to smart and fairer sanctions. By calibrating its embargoes, asset freezes and travel bans, the UN developed a set of tools to confront the new category of risk actors: armed non-state actors and militias, global terrorists, arms merchants and conflict minerals, and cyberwarriors. Section II analyzes all thirty UN sanctions regimes adopted over the past fifty years. These narratives explore the contemporaneous political and security context that led to the introduction of specific sanctions measures and enforcement efforts, often spearheaded for good or ill by the permanent five members of the Security Council. Finally, Section III offers a qualitative analysis of the UN sanctions system to identify possible areas for improvements to the current Security Council structure dominated by the five veto-wielding victors of World War II. This work will be of interest to researchers and practitioners in criminal justice, particularly with an interest in security, as well as related fields such as international relations and political science.
Download or read book The United Nations Peace and Security written by Ramesh Thakur and published by Cambridge University Press. This book was released on 2006-06-08 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventing humanitarian atrocities is becoming as important for the United Nations as dealing with inter-state war. In this book, Ramesh Thakur examines the transformation in UN operations, analysing its changing role and structure. He asks why, when and how force may be used and argues that the growing gulf between legality and legitimacy is evidence of an eroded sense of international community. He considers the tension between the US, with its capacity to use force and project power, and the UN, as the centre of the international law enforcement system. He asserts the central importance of the rule of law and of a rules-based order focused on the UN as the foundation of a civilised system of international relations. This book will be of interest to students of the UN and international organisations in politics, law and international relations departments, as well as policymakers in the UN and other NGOs.
Download or read book Anti money Laundering and Counter terrorism Financing Law and Policy written by Anne Imobersteg Harvey and published by BRILL. This book was released on 2019-06-03 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides one of the first accounts of AML/CFT legislation in Australia, sets the international policy context, and outlines key international legal obligations. To minimise the negative impact on personal freedoms, it proposes a reading of Australian provisions in line with international caselaw. Expanding her analysis on the international level, the author offers an appraisal of the measures taken, both in terms of criminal policy and cost for civil society. She argues that the development of soft law and the increased powers given to law enforcement agencies, which sub-contract surveillance to the private sector, further erode the legitimacy of State action and the rule of law, and ultimately the democracy the laws were meant to protect.
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 Review of the Security Council by Member States written by Erika De Wet and published by Intersentia nv. This book was released on 2003 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent resolutions of the United Nations Security Council, notably those resulting in the freezing of assets of individuals and organisations suspected of involvement in international terrorism, have had far-reaching consequences for member states and individuals. In addition, they might conflict with international human rights standards that are binding on the Security Council itself. In light of the limited possibility for reviewing the legality of these resolutions on the international level, individuals have recently begun to challenge their implementation on the national and regional level. This emerging practice raises the question whether states and regional organisations such as the EU can engage in such review and, if so, to what extent.
Download or read book The Ultimate Rule of Law written by David M. Beatty and published by Oxford University Press, USA. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life saving medical treatment are evaluated and compared. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.
Download or read book The implementation of international law in Germany and South Africa written by Mehrdad Payandeh and published by PULP. This book was released on 2015-07-23 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Africa, the power house of the African continent, as well as Germany, Europe’s largest economic power, are faced with an intricate maze of international obligations, whether related to the United Nations, the World Trade Organization, the African Union or the European Union (EU), international human rights law, international humanitarian law, or any other sub-regime of international law. The two countries are in a different position when facing the implementation of this maze of obligations. South Africa is a developing economy that faces various capacity challenges which, at times, also impact the manner and extent to which it implements its international treaty obligations. Germany, ont the other hand, benefits from comparatively well-funded institutes of international law and a well-trained academic community, which have contributed to the successful implementation of much of international law. But as the relevant chapters in this volume show, the German case is not without its own complexities. As a result, an exchange of ideas and experiences pertaining to the implementation of international obligations can prove fruitful for both countries. Moreover, such an exchange could also serve as a useful point of departure for other countries in Southern Africa that face similar challenges in relation to implementation. The current book explores suitable techniques of implementation of international law, by comparing South Africa with Germany. After a general overview of the status of international law within Germany and South Africa respectively, it focuses on the implementation of international instruments pertaining to key sub-areas of international law in the two countries. These include the United Nations Charter (peace and security), the international law of the sea, international economic law, international environmental law, international human rights law, international criminal law, regional integration, and the status of international judicial decisions before domestic courts.
Download or read book The Lonely War written by Nazila Fathi and published by Basic Books. This book was released on 2014-10-14 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the summer of 2009, as she was covering the popular uprisings in Tehran for the New York Times, Iranian journalist Nazila Fathi received a phone call. "They have given your photo to snipers," a government source warned her. Soon after, with undercover agents closing in, Fathi fled the country with her husband and two children, beginning a life of exile. In The Lonely War, Fathi interweaves her story with that of the country she left behind, showing how Iran is locked in a battle between hardliners and reformers that dates back to the country's 1979 revolution. Fathi was nine years old when that uprising replaced the Iranian shah with a radical Islamic regime. Her father, an official at a government ministry, was fired for wearing a necktie and knowing English; to support his family he was forced to labor in an orchard hundreds of miles from Tehran. At the same time, the family's destitute, uneducated housekeeper was able to retire and purchase a modern apartment -- all because her family supported the new regime. As Fathi shows, changes like these caused decades of inequality -- especially for the poor and for women -- to vanish overnight. Yet a new breed of tyranny took its place, as she discovered when she began her journalistic career. Fathi quickly confronted the upper limits of opportunity for women in the new Iran and earned the enmity of the country's ruthless intelligence service. But while she and many other Iranians have fled for the safety of the West, millions of their middleclass countrymen -- many of them the same people whom the regime once lifted out of poverty -- continue pushing for more personal freedoms and a renewed relationship with the outside world. Drawing on over two decades of reporting and extensive interviews with both ordinary Iranians and high-level officials before and since her departure, Fathi describes Iran's awakening alongside her own, revealing how moderates are steadily retaking the country.
Download or read book The Oxford Handbook on the United Nations written by Thomas G. Weiss and published by Oxford University Press. This book was released on 2008-11-13 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major new handbook provides the definitive and comprehensive analysis of the UN and will be an essential point of reference for all those working on or in the organization.
Download or read book U S EU and UN Sanctions written by Adam M. Smith and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Sanctions Decade written by David Cortright and published by . This book was released on 2000 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the Cold War, economic sanctions have been a frequent instrument of UN authority. Based on more than 200 interviews with officials from both sides, this book aims to provide a comprehensive assessment of the effectiveness of UN sanctions in the 1990s.
Download or read book Iran Sanctions written by Kenneth Katzman and published by DIANE Publishing. This book was released on 2010 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: (1) Background of the Iran Sanctions Act (ISA): Key Provisions: ¿Triggers¿ and Available Sanctions; Waiver and Termination Authority; Iran Freedom Support Act Amendments; Effectiveness and Ongoing Challenges: Energy Routes and Refinery Investment: Refinery Construction; Significant Purchase Agreements; Efforts in the 110th and 111th Congress to Expand ISA Application; Other Energy-Related Sanctions Ideas; (2) Relationships to Other U.S. Sanctions: Ban on U.S. Trade and Investment With Iran; Treasury Department ¿Targeted Financial Measures¿; Terrorism-Related Sanctions; Executive Order 13224; Proliferation-Related Sanctions; Efforts to Promote Divestment; Blocked Iranian Property and Assets. Tables.
