Author: Vera Gowlland-Debbas Publisher: Martinus Nijhoff Publishers ISBN: 9004140905 Category : Law Languages : en Pages : 683
Book Description
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.
Author: Vera Gowlland-Debbas Publisher: BRILL ISBN: 9004502874 Category : Law Languages : en Pages : 422
Book Description
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.
Author: Jeremy Matam Farrall Publisher: Cambridge University Press ISBN: 9780521141987 Category : Law Languages : en Pages : 574
Book Description
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.
Author: Richard Nephew Publisher: Columbia University Press ISBN: 0231542550 Category : Business & Economics Languages : en Pages : 278
Book Description
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.
Author: Masahiko Asada Publisher: Routledge ISBN: 0429628013 Category : Law Languages : en Pages : 250
Book Description
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.
Author: Ramesh Thakur Publisher: Cambridge University Press ISBN: 1139456946 Category : Political Science Languages : en Pages : 380
Book Description
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.
Author: Anne Imobersteg Harvey Publisher: BRILL ISBN: 9004359109 Category : Law Languages : en Pages : 287
Book Description
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.
Author: Enrico Carisch Publisher: Springer ISBN: 3319600052 Category : Social Science Languages : en Pages : 524
Book Description
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.
Author: Vera Gowlland-Debbas
Author: Thomas J. Biersteker
Author: Vera Gowlland-Debbas
Author: Jeremy Matam Farrall
Author: Richard Nephew
Author: Masahiko Asada
Author: Ramesh Thakur
Author: Anne Imobersteg Harvey
Author: Enrico Carisch
Author: Adam M. Smith