Economic Sanctions

Law and Public Policy

Author: K. Alexander

Publisher: Springer

ISBN: 0230227287

Category: Political Science

Page: 359

View: 2824

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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.
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Economic Sanctions and International Law

Author: Matthew Happold,Paul Eden

Publisher: Bloomsbury Publishing

ISBN: 1782254730

Category: Law

Page: 304

View: 7313

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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.
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A Strategic Understanding of UN Economic Sanctions

International Relations, Law and Development

Author: Golnoosh Hakimdavar

Publisher: Routledge

ISBN: 1136270604

Category: Political Science

Page: 214

View: 5342

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Economic Sanctions are increasingly used as a legal, non-military technique of combating abusers of international peace. However it remains unclear how the success or failure of these sanctions is measured. This book examines the seldom-explored United Nations’ economic sanctions deliberation process and exposes systematic problems in the measurement of the success or failure of these sanctions. Centering on the key concepts of "peace and security," the author brings the reader’s attention to the discrepancies that exist in the process of decision-making, implementation, and evaluation of UN imposed economic sanctions. She engages international law and development methods to provide proof for the lack of consensus in measures of success and failure, which in turn suggests that sanction implementation on a uniform domestic front are unattainable. This thorough analysis concludes with suggestions for improving the sanctions process, only to clear the path for negating them as a whole and suggest alternative non-coercive measures for mitigating conflict situations and threats to peace and security.
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Economic Sanctions under International Law

Unilateralism, Multilateralism, Legitimacy, and Consequences

Author: Ali Z. Marossi,Marisa R. Bassett

Publisher: Springer

ISBN: 9462650519

Category: Law

Page: 249

View: 6916

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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.
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Burma Redux

Global Justice and the Quest for Political Reform in Myanmar

Author: Ian Holliday

Publisher: Columbia University Press

ISBN: 0231504241

Category: Political Science

Page: 304

View: 983

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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.
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The Economics, Law, and Public Policy of Market Power Manipulation

Author: Stephen Pirrong

Publisher: Springer Science & Business Media

ISBN: 9780792397625

Category: Business & Economics

Page: 263

View: 1107

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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.
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Economic Sanctions as an Instrument of U.S. Foreign Policy

The Case of the U.S. Embargo Against Cuba

Author: Helen Osieja

Publisher: Universal-Publishers

ISBN: 1581123140

Category: Law

Page: 132

View: 1559

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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.
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Public Policy in International Economic Law

The ICESCR in Trade, Finance, and Investment

Author: Diane Desierto

Publisher: OUP Oxford

ISBN: 0191026484

Category: Law

Page: 432

View: 6809

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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.
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Criminalising Cartels

Critical Studies of an International Regulatory Movement

Author: Caron Beaton-Wells,Ariel Ezrachi

Publisher: Bloomsbury Publishing

ISBN: 1847318134

Category: Law

Page: 472

View: 6918

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This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.
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Imposing economic sanctions

legal remedy or genocidal tool?

Author: Geoffrey Leslie Simons

Publisher: Pluto Pr

ISBN: 9780745313955

Category: Business & Economics

Page: 212

View: 8226

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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.
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