economic sanctions law and public policy

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Economic Sanctions

Author : K. Alexander
ISBN : 9780230227286
Genre : Political Science
File Size : 65. 97 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 And International Law

Author : Matthew Happold
ISBN : 9781782254720
Genre : Law
File Size : 68. 2 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.

Commentaries On Law Public Policy

Author : Robert McGee
ISBN : 1589613570
Genre : Business & Economics
File Size : 88. 7 MB
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This journal published by Robert McGee deals with commentaries on law and public policy.

Economic Sanctions As An Instrument Of U S Foreign Policy

Author : Helen Osieja
ISBN : 9781581123142
Genre : Law
File Size : 60. 14 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.

Burma Redux

Author : Ian Holliday
ISBN : 9780231504249
Genre : Political Science
File Size : 75. 54 MB
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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.

Imposing Economic Sanctions

Author : Geoffrey Leslie Simons
ISBN : 0745313957
Genre : Business & Economics
File Size : 74. 27 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

Author : Kern Alexander
ISBN : 1349357758
Genre : Economic sanctions
File Size : 71. 34 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.

International Dispute Resolution And The Public Policy Exception

Author : Farshad Ghodoosi
ISBN : 9781317292845
Genre : Law
File Size : 57. 29 MB
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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.

Beyond Unilateral Economic Sanctions

Author : Joseph J. Collins
ISBN : 0892063513
Genre : Political Science
File Size : 84. 22 MB
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The Oxford Handbook Of The Use Of Force In International Law

Author : Marc Weller
ISBN : 9780191653902
Genre : Law
File Size : 82. 25 MB
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The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

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