United Nations Sanctions And International Law

Author : Vera Gowlland-Debbas
Publisher : BRILL
Page : 422 pages
File Size : 44,7 Mb
Release : 2021-11-15
Category : Law
ISBN : 9789004502871

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United Nations Sanctions and International Law by Vera Gowlland-Debbas Pdf

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 : Vera Gowlland-Debbas,Djacoba Liva Tehindrazanarivelo
Publisher : Martinus Nijhoff Publishers
Page : 683 pages
File Size : 43,8 Mb
Release : 2004
Category : Law
ISBN : 9789004140905

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National Implementation of United Nations Sanctions by Vera Gowlland-Debbas,Djacoba Liva Tehindrazanarivelo Pdf

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 : Larissa van den Herik
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 40,6 Mb
Release : 2017-07-28
Category : Law
ISBN : 9781784713034

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Research Handbook on UN Sanctions and International Law by Larissa van den Herik Pdf

The 1990s have been labeled the ‘Sanctions Decade’, since they witnessed an unprecedented intensification of the use of collective non-military enforcement measures, and in particular sanctions, by the post-Cold War reactivated Security Council. This Research Handbook studies the current practice of UN sanctions in international law, their interrelationship with other regimes and substantive areas of law, as well as issues arising from their implementation and application at the domestic level.

Author : Hans Köchler
Publisher : Unknown
Page : 47 pages
File Size : 52,8 Mb
Release : 1995
Category : Sanctions (International law)
ISBN : 9839861034

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The United Nations Sanctions Policy & International Law by Hans Köchler Pdf

Author : Jeremy Matam Farrall
Publisher : Cambridge University Press
Page : 574 pages
File Size : 42,8 Mb
Release : 2009-07-09
Category : Law
ISBN : 0521141982

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United Nations Sanctions and the Rule of Law by Jeremy Matam Farrall Pdf

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 : Benedetto Conforti,Carlo Focarelli
Publisher : BRILL
Page : 473 pages
File Size : 44,5 Mb
Release : 2010-09-24
Category : Business & Economics
ISBN : 9789004187672

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The Law and Practice of the United Nations by Benedetto Conforti,Carlo Focarelli Pdf

Revised and updated, The Law and Practice of the United Nations provides an analysis of the main legal issues surrounding the United Nations’ practice, including a thorough discussion of Chapter VII of the Charter and its interpretation.

Author : C. Lloyd Brown-John
Publisher : Greenwood
Page : 456 pages
File Size : 52,8 Mb
Release : 1975
Category : Law
ISBN : UOM:39015046386663

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Multilateral Sanctions in International Law by C. Lloyd Brown-John Pdf

Author : Anonim
Publisher : Martinus Nijhoff Publishers
Page : 276 pages
File Size : 49,9 Mb
Release : 2002-11-26
Category : Law
ISBN : 9041118632

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Economic Sanctions in International Law by Anonim Pdf

The Centre for Studies and Research in International Law and International Relations forms part of the Hague Academy of International Law, and operates under the authority of its managing board and within the framework of its teaching. The Centre was established to further in-depth research in the area of international law. The topic for 2000 was Economic Sanctions in International Law. The contents of this volume include: - Bilan de recherches de la section de langue francaise du Centre d'etude et de recherche de l'Academie, par L.-A. Silianos, professeur a l'Universite d'Athenes. - The Present State of Research carried out by the English speaking Section of the Centre for Studies and Research, by Mrs. L. Picchio Forlati, Professor of the University of Venice. - Annex. List of Participants and Subjects Treated. - The Centre for Studies and Research in International Law and International Relations of The Hague Academy of International Law.

Author : Matthew Happold,Paul Eden
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 52,6 Mb
Release : 2016-10-20
Category : Law
ISBN : 9781782254737

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Economic Sanctions and International Law by Matthew Happold,Paul Eden Pdf

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.

Author : Surya P Subedi QC
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 50,5 Mb
Release : 2021-05-06
Category : Law
ISBN : 9781509948406

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Unilateral Sanctions in International Law by Surya P Subedi QC Pdf

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.

Author : Jeremy Matam Farrall
Publisher : Unknown
Page : 128 pages
File Size : 44,7 Mb
Release : 2007
Category : Economic sanctions
ISBN : OCLC:656790040

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United Nations Sanctions and the Rule of Law by Jeremy Matam Farrall Pdf

Farrall surveys the history of UN sanctions.

Author : Natalino Ronzitti
Publisher : Martinus Nijhoff Publishers
Page : 347 pages
File Size : 43,7 Mb
Release : 2016-03-24
Category : Law
ISBN : 9789004299894

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Coercive Diplomacy, Sanctions and International Law by Natalino Ronzitti Pdf

This volume explores sanctions as instruments of coercive diplomacy, delving into a number of theoretical arguments and combining different perspectives from international law and international relations scholars and practitioners.

Author : Sachiko Yoshimura
Publisher : Routledge
Page : 218 pages
File Size : 45,8 Mb
Release : 2020-11-29
Category : Social Science
ISBN : 9780429522468

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United Nations Financial Sanctions by Sachiko Yoshimura Pdf

This book presents insightful perspectives on the invocation, implementation and application of UN-approved financial sanctions and related issues. With contributions from academics, diplomats and UN panel experts, Yoshimura offers an analysis of how the UN financial sanctions have evolved, the different roles of various major international actors in agreeing and deploying them, and their success in achieving desired outcomes. It also sheds light on a vital role of Japan in the formulation and deployment of financial sanctions, as the third largest economy in the world with very limited armed forces and a pacifist constitution. Offering valuable consideration into one of the key implements of international law, this is an essential guide for scholars and practitioners in Diplomacy and International Relations.

Author : Jeremy Farrall,Hilary Charlesworth
Publisher : Routledge
Page : 357 pages
File Size : 50,7 Mb
Release : 2016-04-14
Category : Political Science
ISBN : 9781317338383

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Strengthening the Rule of Law through the UN Security Council by Jeremy Farrall,Hilary Charlesworth Pdf

The UN Security Council formally acknowledged an obligation to promote justice and the rule of law in 2003. This volume examines the extent to which the Council has honoured this commitment when exercising its powers under the UN Charter to maintain international peace and security. It discusses both how the concept of the rule of law regulates, or influences, Security Council activity and how the Council has in turn shaped the notion of the rule of law. It explores in particular how this relationship has affected the Security Council’s three most prominent tools for the maintenance of international peace and security: peacekeeping, sanctions and force. In doing so, this volume identifies strategies for better promotion of the rule of law by the Security Council. This book will be of interest to scholars and students of international law, international relations, international development and peacekeeping.

Author : Masahiko Asada
Publisher : Routledge
Page : 250 pages
File Size : 48,5 Mb
Release : 2019-11-07
Category : Law
ISBN : 9780429628016

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Economic Sanctions in International Law and Practice by Masahiko Asada Pdf

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.