Author: K. Alexander
Release Date: 2009-04-28
Genre: Political Science
Economic sanctions are increasingly important instruments of regulatory and foreign policy. This book provides a detailed study of the post-9/11 financial sanctions programmes in the US and Europe, examining the key regulatory and legal issues that confront businesses and related liability issues for third parties and individuals.
Economic sanctions are increasingly being used to combat rogue states, international terrorists and economic criminals. This book offers a new assessment of economic sanctions as a public policy tool and identifies the key legal and regulatory issues in the design of economic sanctions policy in the post 9-11 environment. Kern Alexander places the use of economic sanctions in a broad international context to highlight the gaps in existing international sanctions programmes and the need to develop more effective and efficient multilateral institutions in this area. Moreover, this book identifies weaknesses of US unilateral and extraterritorial sanctions and the legal framework which supports their application. This perspective is especially important given the growing concern with states such as Iran and North Korea and the ongoing interest in how to combat weapons of mass destruction, transnational economic crime and terrorist financing. Kern suggests that although multilateral institutions have a role to play in monitoring the implementation of sanctions, the impetus for effective economic sanctions policy must come from national policymakers and regulators.
Author: Kern Alexander
Publisher: Palgrave Macmillan
Release Date: 2009-06-15
Genre: Business & Economics
Financial sanctions have become important instruments of regulatory and foreign policy in recent years. Following 9/11, the leading G10 developed countries have increasingly been using targeted financial sanctions against designated states, international terrorist organizations, drug traffickers, and their commercial and financial supporters. This book provides the first in depth study examining the post-9/11 financial sanctions programmes in the US and Europe, and the key regulatory and legal issues that confront businesses and related liability issues for third parties and individuals.
Author: Matthew Happold
Publisher: Bloomsbury Publishing
Release Date: 2016-10-20
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: Larissa van den Herik
Publisher: Edward Elgar Publishing
Release Date: 2017-07-28
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: David Cortright
Release Date: 2018-03-05
Genre: Political Science
As the challenge of preventing military conflict has become increasingly complex in the post-Cold War era, economic sanctions are being applied with growing frequency. Sanctions are also being used to enforce international law, to deter aggression and terrorism, to defend democracy and human rights, and to prevent nuclear proliferation. This study addresses questions about the utility, appropriateness and success or failure of sanctions, as well as their impact on the poor and innocent. Specific case studies, focusing on recent conflicts such as those in Haiti, Iraq, South Africa and the former Yugoslavia, demonstrate the principal aspects of economic sanctions.
Publisher: Martinus Nijhoff Publishers
Release Date: 2002-11-26
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: Gary Clyde Hufbauer
Publisher: Columbia University Press
Release Date: 2008-11-15
Genre: Political Science
Economic sanctions continue to play an important role in the response to terrorism, nuclear proliferation, military conflicts, and other foreign policy crises. But poor design and implementation of sanctions policies often mean that they fall short of their desired effects. This landmark study, first published in 1985, delves into the rich experience of sanctions in the 20th century to harvest lessons on how to use sanctions more effectively. This volume is the updated third edition of this widely cited study. It chronicles and examines 170 cases of economic sanctions imposed since World War I. Fifty of these cases were launched in the 1990s and are new to this edition. Special attention is paid to new developments arising from the end of the Cold War and increasing globalization of the world economy. Analyzing a range of economic and political factors that can influence the success of a sanctions episode, the authors distill a set of commandments to guide policymakers in the effective use of sanctions.
Author: Helen Osieja
Release Date: 2006-04-24
Economic sanctions have been used as an instrument of American foreign policy ever since the Taft administration adopted the Dollar Diplomacy. This dissertation analyzes the trade Embargo the United States imposed upon Cuba after the Revolution from different perspectives: from the political, considering the main guidelines of American foreign policy toward Latin America, especially during the Cold War, and from the juridical, considering different perspectives of customary international law. Since the embargo was imposed only after American property had been expropriated without compensation, the dissertation analyzes the legality of expropriation, seen from the perspective of both capital-importing and capital-exporting countries, and the legality of economic sanctions as a legitimate peaceful reprisal. Due to the fact that the American embargo against Cuba is quasi-total, that is, consists of a number of different economic sanctions, it is the aim of this dissertation to analyze each of these, and finally, to assess the effectiveness of economic sanctions as an instrument of foreign policy. Many books and articles have been written about this very controversial embargo, almost as old as the Cuban Revolution itself. For the Cubans, it constitutes and "economic blockade," and a violation of Cuba's right to free trade; for the Americans, it is a reprisal for the confiscation of American property. Nonetheless, since the embargo, as stated above, is not a sanction itself but a number of different economic sanctions, it is the aim of this dissertation to analyze each of the sanctions that comprise the embargo and its legality, according to customary international law. Another aim of this dissertation is to prove why the American embargo against Cuba has only enhanced Castro's power and further centralized it. A brief chapter about the economic sanctions the United States imposed upon Chile under President Salvador Allende and the fall of his regime serves to compare the two cases with some similarities where sanctions were applied- in the first without success and in the second with success. Finally, the dissertation aims to prove that a lifting of the American embargo against Cuba is highly unlikely unless there is a change of regime in that nation of the Caribbean.
Author: Ali Z. Marossi
Release Date: 2015-03-03
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.
With this volume, Geoff Simons provides an authoritative account of the use and the misuse of economic sanctions world-wide, highlighting the ways in which sanctions have been employed, ultimately, as weapons of mass destruction, directed primarily against civilian populations. Simons details the impact of economic sanctions on a global basis, highlighting their use as a foreign policy tool by powerful nations such as the United States, and revealing the extent to which the US has succeeded in promoting the use of sanctions --- in direct violation of the UN charter --- through its dominance of the UN Security Council.Using original source material and background documents, Simons provides a brief history of the use of sanctions as an allegedly "neutral" weapon in international conflict, and challenges official accounts of the impact of economic sanctions by reconsidering the horrific, almost genocidal impact sanctions can be shown to have on civilian communities in, for example, the conflict withIraq.
Monitoring and enforcement issues must be analysed when determining the effectiveness of pollution control regulation, and clearly influence choices about how to regulate. This book demonstrates how an economic analysis of law enforcement can generate important insights into how best to enforce pollution control regulation. It seeks to provide a clear and accessible way into the law and economics literature on enforcement. More specifically, it uses Gary Becker's deterrence model which, by differentiating between two enforcement variables (namely the probability of apprehension and conviction and the severity of sanction), facilitates a comparison of the effectiveness of different enforcement tools in inducing desirable behaviour. As such, it provides a valuable analytical tool in considering how best to pursue cost-effective enforcement. Major themes to be addressed include Becker's deterrence model and expansions thereof, reasons for compliance, environmental enforcement strategies and the importance of a deterrence threat and formal pollution control law enforcement mechanisms such as prosecution and criminal sanctions, administrative mechanisms and civil liability. The book argues that in pursuing cost-effective enforcement much can be learned from examining enforcement practices in different jurisdictions, and to this end the author examines pollution control laws, enforcement strategies and sanctions in Australia, Canada and England and Wales. The book makes an important contribution to existing literature on environmental law enforcement, but its value extends beyond this. The theoretical framework adopted and the range of issues discussed make it of interest to regulatory and public law scholars more generally.
Author: Michael P. Malloy
Publisher: Edward Elgar Pub
Release Date: 2015-02-27
Genre: Business & Economics
Economic Sanctions is presents in two volumes the leading legal scholarship of the past 12 years on the theory and practice of international economic sanctions. Edited by Michael P. Malloy, an internationally recognized specialist in the subject, the book includes contributions from scholars and practitioners from around the globe. It covers current challenges concerning the use of sanctions as tools of anti-terrorism policy and human rights enforcement as well as the controversy over the effectiveness of sanctions. It also explores horizon issues like the use of sanctions in support of environmental policy, health and safety, and cyber-safety.
Author: David Allen Baldwin
Publisher: Princeton University Press
Release Date: 1985
Genre: Political Science
A nuclear world desperately in need of alternatives to military force demands better understanding of all techniques of statecraft. In this book David A. Baldwin draws on social power analyses to develop an analytic framework for evaluating such techniques, and uses it to challenge the conventional view that economic tools of foreign policy do not work. Integrating insights from economics, political science, psychology, philosophy, history, law, and sociology, this comprehensive work discusses not only the utility of economic statecraft but also its morality, legality, and role in the history of international thought. It will help statesmen, scholars, and citizens to evaluate crucial foreign policy choices.