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Corruption and Targeted Sanctions by Anton Moiseienko Pdf
In Corruption and Targeted Sanctions, Anton Moiseienko analyses the blacklisting of foreigners suspected of corruption and the prohibition of their entry into the sanctioning state from an international law perspective. The implications of such actions have gained prominence with the increased adoption of the so-called Magnitsky legislation internationally.
Corruption and Targeted Sanctions by Anton Moiseienko Pdf
Anton Moiseienko analyses the blacklisting foreigners suspected of corruption and the prohibition of their entry into the sanctioning state from an international law perspective. The implications of such actions have been on the international agenda for years and have gained particular prominence with the adoption by the US and Canada of the so-called Magnitsky legislation in 2016. Across the Atlantic, several European states followed suit. The proliferation of anti-corruption entry sanctions has prompted a reappraisal of applicable human rights safeguards, along with issues of respect for official immunities and state sovereignty. On the basis of a comprehesive review of relevant law and policy, Anton Moiseienko identifies how targeted sanctions can ensure accountability for corruption while respecting international law.
Author : Peter Wallensteen,Carina Staibano,Mikael Eriksson Publisher : Department of Peace and Conflict Research Uppsala University Page : 164 pages File Size : 45,7 Mb Release : 2003 Category : Law ISBN : UOM:39015056488409
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.
Sanctions as War is the first critical analysis of economic sanctions from a global perspective. Featuring case studies from 11 sanctioned countries and theoretical essays, it will be of immediate interest to those interested in understanding how sanctions became the common sense of American foreign policy.
From the Nuremberg trials to the arrest of General Pinochet to the prosecution of barbarians of the Balkans, we have crafted a global human rights law to punish crimes against humanity. And yet today it is rarely applied: the International Criminal Court has faltered, populist governments refuse to cooperate, the UN Security Council is pole‐axed and liberal democracy is on the defensive. When faced with the torture of Sergei Magnitsky, the murder of Jamal Khashoggi and the repression of the Uighurs, what recourse do we have? Distinguished human rights lawyer Geoffrey Robertson argues that our most powerful weapon is Magnitsky laws, by which not only perpetrators but their accomplices – lickspittle judges, doctors who assist in torture, corporations that profit from slave labour – are named, shamed and blamed. Though the UK and the EU have passed nascent Magnitsky laws, they are not deploying them effectively. It is only by developing a full‐blooded system of coordinated sanctions – banning human rights violators from entering democratic countries to funnel their ill-gotten gains through Western banks and take advantage of our schools and hospitals – that we can fight back against cruelty and corruption. Bad People sets out a Plan B for human rights, offering a new blueprint for global justice in a post‐pandemic world.
Targeted Sanctions by Thomas J. Biersteker,Sue E. Eckert,Marcos Tourinho Pdf
International sanctions have become the instrument of choice for policymakers dealing with a variety of different challenges to international peace and security. This is the first comprehensive and systematic analysis of all the targeted sanctions regimes imposed by the United Nations since the end of the Cold War. Drawing on the collaboration of more than fifty scholars and policy practitioners from across the globe (the Targeted Sanctions Consortium), the book analyzes two new databases, one qualitative and one quantitative, to assess the different purposes of UN targeted sanctions, the Security Council dynamics behind their design, the relationship of sanctions with other policy instruments, implementation challenges, diverse impacts, unintended consequences, policy effectiveness, and institutional learning within the UN. The book is organized around comparisons across cases, rather than country case studies, and introduces two analytical innovations: case episodes within country sanctions regimes and systematic differentiation among different purposes of sanctions.
Smart Sanctions by David Cortright,George A. Lopez Pdf
Smart Sanctions explores the emerging concept of targeted sanctions and provides a comprehensive framework for new sanctions strategies for the 21st century. It includes essays by experts and analysts from the United Nations community, the European Union, the United States Government, and the academic community. Visit our website for sample chapters!
Research Handbook on Unilateral and Extraterritorial Sanctions by Beaucillon, Charlotte Pdf
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.
State of Implementation of the United Nations Convention Against Corruption by United Nations Pdf
This second edition of State of Implementation of the United Nations Convention against Corruption: Criminalization, Law Enforcement and International Cooperation, which was launched during the 7th session of the Conference of the States Parties (Vienna, 6-10 November 2017).The study is based on the findings and results emanating from the first cycle reviews of the implementation of the Convention by 156 States parties (2010-2015). It contains a comprehensive analysis of the implementation of chapters III (Criminalization and law enforcement) and IV (International cooperation) of the Convention. More specifically, the study: (a) identifies and describes trends and patterns in the implementation of the above-mentioned chapters, focusing on systematic or, where possible, regional commonalities and variations; (b) highlights successes and good practices on the one hand, and challenges in implementation on the other; (c) provides an overview of the emerging understanding of the Convention and differences in the reviews, where they have been encountered.
The Evolution of UN Sanctions by Enrico Carisch,Loraine Rickard-Martin,Shawna R. Meister Pdf
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 : Kevin E. Davis Publisher : Oxford University Press Page : 304 pages File Size : 44,9 Mb Release : 2019-07-31 Category : Law ISBN : 9780190070823
Between Impunity and Imperialism by Kevin E. Davis Pdf
When people pay bribes to foreign public officials, how should the law respond? This question has been debated ever since the enactment of the U.S. Foreign Corrupt Practices Act of 1977, and some of the key arguments can be traced back to Cicero in the last years of the Roman Republic and Edmund Burke in late eighteenth-century England. In recent years, the U.S. and other members of the OECD have joined forces to make anti-bribery law one of the most prominent sources of liability for firms and individuals who operate across borders. The modern regime is premised on the idea that transnational bribery is a serious problem which invariably merits a vigorous legal response. The shape of that response can be summed up in the phrase "every little bit helps," which in practice means that: prohibitions on bribery should capture a broad range of conduct; enforcement should target as broad a range of actors as possible; sanctions should be as stiff as possible; and as many agencies as possible should be involved in the enforcement process. An important challenge to the OECD paradigm, labelled here the "anti-imperialist critique," accepts that transnational bribery is a serious problem but questions the conventional responses. This book uses a series of high-profile cases to illustrate key elements of transnational bribery law in action, and analyzes the law through the lenses of both the OECD paradigm and the anti-imperialist critique. It ultimately defends a distinctively inclusive and experimentalist approach to transnational bribery law.
Corruption, Global Security, and World Order by Robert I. Rotberg Pdf
Never before have world order and global security been threatened by so many destabilizing factors—from the collapse of macroeconomic stability to nuclear proliferation, terrorism, and tyranny. Corruption, Global Security, and World Order reveals corruption to be at the very center of these threats and proposes remedies such as positive leadership, enhanced transparency, tougher punishments, and enforceable sanctions. Although eliminating corruption is difficult, this book's careful prescriptions can reduce and contain threats to global security. Contributors: Matthew Bunn (Harvard University), Erica Chenoweth (Wesleyan University), Sarah Dix (Government of Papua New Guinea), Peter Eigen (Freie Universität, Berlin, and Africa Progress Panel), Kelly M. Greenhill (Tufts University), Charles Griffin (World Bank and Brookings), Ben W. Heineman Jr. (Harvard University), Nathaniel Heller (Global Integrity), Jomo Kwame Sundaram (United Nations), Lucy Koechlin (University of Basel, Switzerland), Johann Graf Lambsdorff (University of Passau, Germany, and Transparency International), Robert Legvold (Columbia University), Emmanuel Pok (National Research Institute, Papua New Guinea), Susan Rose-Ackerma n (Yale University), Magdalena Sepúlveda Carmona (United Nations), Daniel Jordan Smith (Brown University), Rotimi T. Suberu (Bennington College), Jessica C. Teets (Middlebury College), and Laura Underkuffler (Cornell University).
