economic sanctions law and public policy

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Economic Sanctions

Author : K. Alexander
ISBN : 9780230227286
Genre : Political Science
File Size : 25. 27 MB
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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.

Economic Sanctions

Author : Kern Alexander
ISBN : 1349357758
Genre : Economic sanctions
File Size : 24. 24 MB
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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.

Economic Sanctions And International Law

Author : Matthew Happold
ISBN : 9781782254720
Genre : Law
File Size : 25. 11 MB
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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.

Imposing Economic Sanctions

Author : Geoffrey Leslie Simons
ISBN : 0745313957
Genre : Business & Economics
File Size : 34. 60 MB
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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.

Economic Sanctions As An Instrument Of U S Foreign Policy

Author : Helen Osieja
ISBN : 9781581123142
Genre : Law
File Size : 67. 88 MB
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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.

A Strategic Understanding Of Un Economic Sanctions

Author : Golnoosh Hakimdavar
ISBN : 9781136270604
Genre : Political Science
File Size : 88. 61 MB
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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.

Economic Sanctions And International Law

Author : Matthew Happold
ISBN : 9781782254720
Genre : Law
File Size : 41. 3 MB
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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.

Economic Sanctions Under International Law

Author : Ali Z. Marossi
ISBN : 9789462650510
Genre : Law
File Size : 36. 14 MB
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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.

Economic Sanctions

Author : David Cortright
ISBN : 9780429973567
Genre : Political Science
File Size : 29. 59 MB
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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.

Handbook Of Export Controls And Economic Sanctions

Author : Kay C. Georgi
ISBN : 162722050X
Genre : Law
File Size : 76. 38 MB
Format : PDF
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Export controls and economic sanctions increasingly affect the day-to-day business operations across the globe. No company with cross-border operations or even a multinational work force is immune from their application or can afford to ignore these laws. Though once a relatively esoteric area of legal practice, controls over the export of goods, technology, and services now represent a basic element of corporate compliance whether your client is involved in import/export activity, mergers & acquisitions, joint ventures, licensing agreements, distribution contracts, or banking and finance transactions. This book is intended as an overview of this complex and dynamic body of law. It proves to be a valuable resource to both seasoned and novice practitioners alike, providing a thorough and practical guide that can assist counsel and compliance professionals in identifying the myriad issues, navigating the rules, and managing client risks in the challenging but fascinating area of export controls and economic sanctions law.

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