Author: Sascha Lohmann Publisher: ISBN: Category : Languages : en Pages : 8
Book Description
Abstract: The long reach of U.S. law affects persons, property, and acts around the world. In trying to shield EU-based individuals and entities with commercial interests from its adverse impact, European policy-makers have recently been exposed as more or less helpless. In order to pursue their strategic objectives more effectively, Europeans must not only focus on increasing strategic autonomy vis-à-vis the U.S. government. Absent a diplomatic agreement with the executive branch, they must also better utilize available channels of influence. One potential avenue would be to substantially support EU-based companies in domestic courts -both diplomatically as well as financially- in order to challenge the executive branch when enforcing U.S. law beyond borders. Only the judicial branch can effectively curb the extraterritorial application of U.S. jurisdiction. (author's abstract)
Author: Beaucillon, Charlotte Publisher: Edward Elgar Publishing ISBN: 1839107855 Category : Law Languages : en Pages : 512
Book Description
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.
Author: P. Sean Morris Publisher: Taylor & Francis ISBN: 1040114539 Category : Law Languages : en Pages : 323
Book Description
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.
Author: Cedric Ryngaert Publisher: ISBN: 0199688516 Category : Law Languages : en Pages : 273
Book Description
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Author: Judith Seddon Publisher: Law Business Research Ltd. ISBN: 1912377837 Category : Languages : en Pages : 987
Book Description
There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
Author: Agathe Demarais Publisher: Columbia University Press ISBN: 0231553331 Category : Political Science Languages : en Pages : 392
Book Description
Sanctions have become the go-to foreign policy tool for the United States. Coercive economic measures such as trade tariffs, financial penalties, and export controls affect large numbers of companies and states across the globe. Some of these penalties target nonstate actors, such as Colombian drug cartels and Islamist terror groups; others apply to entire countries, including North Korea, Iran, and Russia. U.S. policy makers see sanctions as a low-cost tactic, but in reality these measures often fail to achieve their intended goals—and their potent side effects can even harm American interests. Backfire explores the surprising ways sanctions affect multinational companies, governments, and ultimately millions of people around the world. Drawing on interviews with experts, policy makers, and people in sanctioned countries, Agathe Demarais examines the unintended consequences of the use of sanctions as a diplomatic weapon. The proliferation of sanctions spurs efforts to evade them, as states and firms seek ways to circumvent U.S. penalties. This is only part of the story. Sanctions also reshape relations between countries, pushing governments that are at odds with the U.S. closer to each other—or, increasingly, to Russia and China. Full of counterintuitive insights spanning a wide range of topics, from Russia’s invasion of Ukraine to Iran’s COVID response and China’s cryptocurrency ambitions, Backfire reveals how sanctions are transforming geopolitics and the global economy—as well as diminishing U.S. influence. This insider’s account is an eye-opening, accessible, and timely book that sheds light on the future of sanctions in an increasingly multipolar world.
Author: Angela Zhang Publisher: Oxford University Press ISBN: 0192561200 Category : Law Languages : en Pages : 272
Book Description
China's rise as an economic superpower has caused growing anxieties in the West. Europe is now applying stricter scrutiny over takeovers by Chinese state-owned giants, while the United States is imposing aggressive sanctions on leading Chinese technology firms such as Huawei, TikTok, and WeChat. Given the escalating geopolitical tensions between China and the West, are there any hopeful prospects for economic globalization? In her compelling new book Chinese Antitrust Exceptionalism, Angela Zhang examines the most important and least understood tactic that China can deploy to counter western sanctions: antitrust law. Zhang reveals how China has transformed antitrust law into a powerful economic weapon, supplying theory and case studies to explain its strategic application over the course of the Sino-US tech war. Zhang also exposes the vast administrative discretion possessed by the Chinese government, showing how agencies can leverage the media to push forward aggressive enforcement. She further dives into the bureaucratic politics that spurred China's antitrust regulation, providing an incisive analysis of how divergent missions, cultures, and structures of agencies have shaped regulatory outcomes. More than a legal analysis, Zhang offers a political and economic study of our contemporary moment. She demonstrates that Chinese exceptionalism-as manifested in the way China regulates and is regulated, is reshaping global regulation and that future cooperation relies on the West comprehending Chinese idiosyncrasies and China achieving greater transparency through integration with its Western rivals.
Author: Le Cheng Publisher: Taylor & Francis ISBN: 1000984885 Category : Language Arts & Disciplines Languages : en Pages : 135
Book Description
This book provides a range of highly accessible approaches from Discourse Studies for analyzing legal language in legislation, documents, proceedings and in news media reporting. In this insightful volume, scholars from both Law and Linguistics come together to provide a range of approaches from Discourse Studies for analyzing legal language in legislation, documents and proceedings and in news media reporting. The book begins with tackling exactly why such approaches are hugely helpful and valuable for understanding the nature of legal language and how it is used. The chapters, written in an accessible manner, show how discourse analysis can be used to throw light on the ideas and values which can be buried in legal language. The book provides a valuable resource for researchers wishing to carry out their own research or for use in teaching. The Law and Critical Discourse Studies will be a key resource for academics, researchers, and advanced students of law, language and linguistics, discourse studies, sociology, and media and cultural studies.This book was originally published as a special issue of the journal Critical Discourse Studies.
Author: Anja P. Jakobi Publisher: Bloomsbury Publishing ISBN: 1350312045 Category : Political Science Languages : en Pages : 244
Book Description
This engaging new textbook presents a comprehensive, nuanced and multidimensional perspective on global crime and its governance. As global criminal activity becomes increasingly sophisticated and elusive, so the means to counter it must adapt. Every day our news media is dominated by incidents that span countries and continents, often presented as an all-encompassing threat orchestrated by societal outsiders. If not in the news, global crime is sensationalised in our film and television industry, and it can be difficult to gain a true understanding of what global crime is and how it is combated. Featuring the latest research and informed by a wide range of theoretical perspectives, this text masterfully makes sense of a range of issues from global environmental crime and human trafficking, to the global trade in drugs and cybercrime. This pathbreaking text analyses why global crime is important, the obstacles faced in countering it and accounts for the difficulties in securing cooperation across states. Comprehensive and accessible, this authoritative textbook is the perfect companion for students and scholars who are interested in the still evolving issue of international relations and global politics.
Author: van Bergeijk, Peter A.G. Publisher: Edward Elgar Publishing ISBN: 1839102721 Category : Business & Economics Languages : en Pages : 496
Book Description
Peter van Bergeijk brings together 40 leading experts from all continents to analyze state-of-the-art data covering the sharp increase in (smart) sanctions in the last decade. Original chapters provide detailed analyses on the determinants of sanction success and failure, complemented with research on the impact of sanctions.
Author: Sascha Lohmann
Author: Beaucillon, Charlotte
Author: P. Sean Morris
Author: Cedric Ryngaert
Author: Judith Seddon
Author: Agathe Demarais
Author: Angela Zhang
Author: Le Cheng
Author: Anja P. Jakobi
Author: van Bergeijk, Peter A.G.