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This work is a comparative study of domestic implementation of Security Council mandatory sanctions taken under Article 41, Chapter VII of the UN Charter, including the establishment of the two international criminal tribunals, the ICTY and ICTR, and recent resolutions on the combating of the financing of terrorism. The book examines implementation in 16 select States in Europe, America, Asia, the Middle East and Africa, underlining also the particular problems arising from sanctions implementation by the European Union, by a permanently neutral and former non-Member State - Switzerland - and by States confronted with special economic problems within the meaning of Article 50 of the UN Charter. Three interrelated themes are addressed. The first, of a theoretical nature, concerns the question of whether implementation of Security Council resolutions, particularly where perceived to be in fulfilment of community objectives, poses problems which are in some way distinct from those raised by the implementation of other conventional international law obligations, thereby shedding a different light on the traditional relationship between international and municipal law. The second concerns the effectiveness of the decisions of the Security Council viewed from the perspective of the effective mise en oeuvre of these decisions in national law. The third theme concerns the legitimacy of Security Council resolutions as seen from the viewpoint of domestic legal systems, that is the extent to which Security Council decisions encroach on internationally or constitutionally protected individual rights and the potential role played by domestic courts in reviewing the decisions of the Security Council.The latter has assumed particular importance in the framework of the combating of the financing of terrorism. This work, which brings together the research results of 29 academics and experts, is the second publication within the framework of a project on Security Council sanctions carried out under the auspices of the Graduate Institute of International Studies. The first, which looked at a broad set of issues, was entitled "United Nations Sanctions and International Law" and was published by Kluwer Law International in 2001.
Systematically analyzes the impacts and the effectiveness of UN targeted sanctions over the past quarter century.
The Stockholm Report on the Implementation of Targeted Sanctions summarizes the results of a yearlong study of targeted UN sanctions.
Thesis (M.A.) from the year 2011 in the subject Politics - International Politics - Topic: International Organisations, grade: 1,5, University of Heidelberg (Politische Wissenschaft), language: English, abstract: The United Nations Security Council's newly adapted "smart sanction" practice aims to be more accurate, thereby seeking not only to increase political effectiveness, but also to reduce unintended humanitarian suffering. So far, scholars have predominately accentuated questions about the compliance rate of targeted states in order to measure the effectiveness of sanctions. They have ignored, however, a potentially poor commitment by states to enforce sanctions in the first place. I argue that the Security Council might suffer from a putative disconnect between the ratification and enforcement of smart sanctions. The concept of input/output legitimacy thereby serves as a model in order to analyze member state's commitment and will to impose smart sanctions, thus developing an alternative understanding about the term "effectiveness." As the Iran and North-Korea cases reveal, ratification and enforcement of smart sanctions suffer legitimacy, thus smart sanctions do not necessarily contribute to a higher effectiveness of the Council. This has ramifications both theoretically and empirically as it makes the concept of legitimacy a valuable tool for policy makers and reformists while simultaneously exposes substantial weaknesses of the new sanction practice.
Following on the publication of The Sanctions Decade - lauded as the definitive history and accounting of United Nations sanctions in the 1990s - David Cortright and George Lopez continue their collaboration to examine the changing context and meaning of sanctions and the security dilemmas that the Security Council now faces. Cortright and Lopez note that, despite widespread disagreement about the effectiveness of UN sanctions and the need for reform, the Security Council continues to impose sanctions, and it maintains ongoing measures in eight countries. Exploring the dynamics of recent developments, the authors assess a range of new multilateral approaches to sanctions and economic statecraft, review the heated debate over the humanitarian impact of sanctions, and consider the increasingly important role of NGOs in UN policymaking. They conclude with a framework for future policy, as well as specific recommendations for enhancing the viability of smart sanctions strategies.