Economic Sanctions In Eu Private International Law
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Economic Sanctions In Eu Private International Law
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Author : Tamás Szabados
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-01-23
Economic Sanctions In Eu Private International Law written by Tamás Szabados and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-23 with Law categories.
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.
Economic Sanctions And International Law
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Author : Matthew Happold
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-10-20
Economic Sanctions And International Law written by Matthew Happold and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-20 with Law categories.
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.
Economic Sanctions In International Law
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Author : Laura Forlati
language : en
Publisher: Brill - Nijhoff
Release Date : 2004
Economic Sanctions In International Law written by Laura Forlati and has been published by Brill - Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
It is a real challenge to deal with the subject of economic sanctions, a topic where law meets politics, while touching upon almost all areas of the law: public international law, private international law, even private law and public law, not to mention the "internal" law of certain international organizations particularly active in the field, especially the EC/EU. Sometimes considered as a "punitive" and "brutal" instrument, economic sanctions - even when adopted by a universal institution - have often proven to be ineffective. While the issue of the effectiveness of sanctions, as such, goes indeed beyond legal considerations, it would be fallacious to think that lawyers should confine themselves to an abstract analysis of the phenomenon or that legal tools would have practically no effect on the shape of the measures to be taken. On the contrary, law is at the core of the very concept of sanctions, and it is through legal tools that sanctions may be tailored to the ends to be pursued, reinforcing, by so doing, the effectiveness of the international legal system. In light of the current developments under way - which concern both institutional sanctions and decentralized countermeasures, as well as the often inextricable intertwining between these two levels - the judicious choice made by the Curatorium of the Academy was propitious for taking a fresh look at the issue of unity and diversity of sanctions under international law. Originally published as Colloques / Workshops - Law Books of the Academy, Volume 23.
United Nations Sanctions And International Law
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Author : Vera Gowlland-Debbas
language : en
Publisher: BRILL
Release Date : 2021-11-15
United Nations Sanctions And International Law written by Vera Gowlland-Debbas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-15 with Law categories.
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.
Economic Sanctions In International Law And Practice
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Author : Masahiko Asada
language : en
Publisher: Routledge
Release Date : 2019-11-07
Economic Sanctions In International Law And Practice written by Masahiko Asada and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-07 with Law categories.
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.
Economic Sanctions Under International Law
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Author : Ali Z. Marossi
language : en
Publisher: Springer
Release Date : 2015-03-03
Economic Sanctions Under International Law written by Ali Z. Marossi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-03 with Law categories.
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.
The Juridification Of Individual Sanctions And The Politics Of Eu Law
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Author : Eva Nanopoulos
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-02-06
The Juridification Of Individual Sanctions And The Politics Of Eu Law written by Eva Nanopoulos and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-06 with Law categories.
In the early 1990s the then European Community imposed for the first time a set of economic restrictions against a specific entity: the National Union for the Total Independence of Angola. Since then, the individualisation of sanctions has become entrenched, these so-called 'smart' sanctions have proliferated, their targets and scope of application have significantly expanded, and they operate in an increasingly juridified environment. This book aims to shed light on the constitutive dynamics and causes of these developments, with a focus on the juridification of individual sanctions at the European level. To this end it first revisits the phenomenon of individualisation – moving beyond the conventional narrative that individual sanctions emerged because of humanitarian and effectiveness concerns – and situates the 'smarting' of sanctions within the context of broader structural transformations characterised by the consolidation of the global neoliberal order. Second, the book explores why the role of law has been so pronounced in the European context by unearthing the connections between EU law and capitalist order building.
Unilateral Sanctions In International Law
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Author : Surya P Subedi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-05-06
Unilateral Sanctions In International Law written by Surya P Subedi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-06 with Law categories.
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.
Trade Foreign Policy And Defence In Eu Constitutional Law
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Author : Panos Koutrakos
language : en
Publisher: Bloomsbury Publishing
Release Date : 2001-03-07
Trade Foreign Policy And Defence In Eu Constitutional Law written by Panos Koutrakos and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-03-07 with Law categories.
This book examines how the increasing interdependence between trade and foreign policy can be managed within the legal framework of the European Union. In the context of the legally distinct characteristics of the European Community and the Common Foreign and Security Policy,it analyses the problems underpinning the regulation of three areas: sanctions against third countries, armaments, and exports of dual-use goods. The focus is on whether the constitutional order of the European Union may address these problems while performing a variety of functions: ensuring the consistency and coherence of its external relations, preserving the acquis communautaire and respecting the right of the Member States to conduct their foreign policy as fully sovereign subjects of international law. The book concludes that the interactions between trade and foreign policy may be regulated in a legally sensible and realistic way within the current structure of the European Union. The recent developments regarding the defense and security identity of the European Union and the debate over the nature of an enlarged Union make this book all the more topical.
Multilateral Sanctions In International Law
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Author : C. Lloyd Brown-John
language : en
Publisher: Greenwood
Release Date : 1975
Multilateral Sanctions In International Law written by C. Lloyd Brown-John and has been published by Greenwood this book supported file pdf, txt, epub, kindle and other format this book has been release on 1975 with Law categories.