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Systematically analyzes the impacts and the effectiveness of UN targeted sanctions over the past quarter century.
This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are. The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment. This study finds that unilateral sanctions by a state or a group of states against another state as opposed to 'smart' or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.
An analysis of ruinous three-year trade embargo imposed on Haiti in response to the September 1991 coup d'etat to President Aristide's return to office in 1994. It dissects the impact of sanctions on Haiti society and examines the economic devastation and social dislocation they provoked.
Leaders have used economic power as a tool of foreign policy since at least Pericles, whose trade sanctions against Megara helped to spark the Peloponnesian War. But as Cécile Fabre notes, philosophers have spent relatively little time thinking about the relevant ethics, especially compared with the time they have spent thinking about the ethics of war. Yet the moral questions raised by the use of economic statecraft are significant and complex. Fabre deploys a cosmopolitan theory of justice and the theory of justified harm to answer these questions, and concludes that political actors are morally entitled to resort to economic sanctions and conditional aid, but only as a means to protect human rights, and so long as the harms which they thereby inflict are not out of proportion to the goods they bring about. Moreover, they are morally entitled to resort to conditional lending and conditional debt forgiveness, not just with a view to protect human rights, but also, under certain conditions, to pursue other non-wrongful political goals.--
Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy. This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions. Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.
Sanctions as War is the first critical analysis of economic sanctions from a global perspective. Featuring case studies from 11 sanctioned countries and theoretical essays, it will be of immediate interest to those interested in understanding how sanctions became the common sense of American foreign policy.
Providing perspectives from a range of experts, including international lawyers, political scientists, and practitioners, this book assesses current theory and practice of economic sanctions, discussing current legal and political challenges faced by the international community. It examines both the implementation of sanctions by major powers – the United States, the European Union, and Japan – as well as assessing the impact of those sanctions through case studies of Russia, Iran, Syria, and North Korea. Balancing theoretical analysis of legal considerations with national and regional level empirical analysis, it also includes coverage of sanctions issues by the UN Security Council and the EU, as well as the extraterritorial application of sanctions. A valuable reference for academics and practitioners, Economic Sanctions in International Law and Practice will be useful to those working in the fields of international law, diplomacy, and international political economy.
What cannot be disputed is that economic sanctions are increasingly at the center of American foreign policy: to stem the proliferation of weapons of mass destruction, promote human rights, discourage aggression, protect the environment, and thwart drug trafficking.
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.
The use of sanctions is increasing in the post-Cold War world. Along with this increase, the international community must ask itself whether sanctions 'work, ' in the sense that they incite citizens to change or overthrow an offending government, and whether sanctions are really less damaging than the alternative of war. Here for the first time, sanctions and humanitarian aid experts converge on these questions and consider the humanitarian impacts of sanctions along with their potential political benefits. The results show that often the most vulnerable members of targeted societies pay the price of sanctions, and that in addition, the international system is called upon to compensate the victims for the undeniable pain they have suffered. Well-chosen case studies of South Africa, Iraq, the former Yugoslavia, and Haiti illustrate how much pain the community of states is willing to inflict upon civilians in the quest for political gains. Together with an analytical framework and policy conclusions, this important book seeks to clarify the range of options and strategies to policymakers who impose sanctions and to humanitarian officials who operate in sanctioned environments