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.
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: 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: Ian Holliday
Publisher: Columbia University Press
Release Date: 2012-05-15
Genre: Political Science
Contemporary Myanmar faces a number of political challenges, and it is unclear how other nations should act in relation to the country. Prioritizing the opinions of local citizens and reading them against the latest scholarship on this issue, Ian Holliday affirms the importance of foreign interests in Myanmar's democratic awakening, yet only through committed, grassroots strategies of engagement encompassing foreign states, international aid agencies, and global corporations. Holliday supports his argument by using multiple sources and theories, particularly ones that take historical events, contemporary political and social investigations, and global justice literature into account, as well as studies that focus on the effects of democratic transition, the aid industry, and socially responsible corporate investing and sanctions. One of the only volumes to apply broad-ranging global justice theories to a real-world nation in flux, Burma Redux will appeal to professionals researching Burma/Myanmar; political advisers and advocacy groups; nonspecialists interested in Southeast Asian politics and society and the local and international problems posed by pariah states; general readers who seek a richer understanding of the country beyond journalistic accounts; and the Burmese people themselves—both within the country and in diaspora. Burma Redux is also the first book-length study on the nation to be completed after the contentious general elections of 2010.
Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.
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.
States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.
Author: Stephen Pirrong
Publisher: Springer Science & Business Media
Release Date: 1996-11-30
Genre: Business & Economics
Deterrence of market manipulation is central to the entire regulatory and legal framework governing the operation of American commodity futures markets. However, despite all of the regulatory, scholarly, and legal scrutiny of market manipulation, the subject is widely misunderstood. Federal commodity and securities laws prohibit manipulation, but do not define it. Scholarly research has failed to analyze adequately the causes or effects of manipulation, and the relevant judicial decisions are confused, confusing, and contradictory. The aim of this book is to illuminate the process of market manipulation by presenting a rigorous economic analysis of this phenomenon, including the conditions that facilitate it and its effects on market users and others. The conclusions of this analysis are used to examine critically some legal and regulatory anti-manipulation policies. The Economics, Law and Public Policy of Market Power Manipulation concludes with a set of robust and realistic tests that regulators and jurists can apply to detect and deter manipulation.
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.
Author: Y. El-Ayouty
Publisher: Springer Science & Business Media
Release Date: 2012-12-06
As an emerging Continent, with a rich past, dynamic present and promising future, Africa has an important role to play in the develop ment of international organization. Well before Africa Year, 1960, when several African States attained their independence and their rightful place in the community of nations, the various movements for unity and co-operation strove towards the creation of regional international organization. Now more than ever before, nearly two scores of African States, members of the United Nations, the Organization of African Unity and several other sub-regional organizations and arrangements, look upon international organization as an important means for safeguard ing their independence, enhancing African identity, forging collabor ative bonds amongst themselves and with the outside world, and rais ing the standard of living for their populations. It should also be noted that the age of science and technology which is, and should be, based on international co-operation, stimulates fur ther Africa's desire to strengthen and work through international inter governmental organizations. As Africa faces the I970's, confronting the core problems of colonial ism and apartheid in its southern parts, she looks upon the United Nations and the Organization of African Unity as the main vehicles for thought and action. For these considerations, the present book resulting from the St.