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This book examines sanctions as a political tool of influence and evaluates the efficacy of sanctions imposed by the European Union (EU) against countries from the early 1990s to present day.
This enlightening new book unpacks the ascendancy of the European Union as a distinct actor in the field of international sanctions. Offering an innovative model of actorness, Kevin Urbanski establishes a coherent bridge between debates on actorness and mainstream theories of international institutions and European integration.
The costs of military ventures and concern for human rights has increased the importance of international sanctions in the twenty fist century, but our knowledge is still limited in this area. The United Nations sanctions on Libya, Al Qaeda and Rwanda, or the European Union restrictive measures on the US, Transnistria and Uzbekistan are sparsely covered by the media and attempts to measure the effectiveness of any of these sanctions comes up against the fundamental (unanswered) question: What can sanctions do and when? This book undertakes an innovative approach that overcomes these problems by enhancing our understanding of how sanctions work and by explaining what we can expect from their imposition. Through the analysis of the sanctioning experience of the United Nations and the European Union after the Cold War, the investigation tests a comprehensive theoretical model and concludes that the context in which sanctions are imposed is a crucial element in deciding the type of sanctions adopted. Giumelli shakes the pre-constituted conceptions that we have on sanctions and sets the terms for more constructive debates in the future.
In recent years, the international community has increasingly come to abandon the use of comprehensive sanctions in favour of targeted sanctions. Unlike adopting a coercive strategy on entire states, actors like the United Nations (UN) and the European Union (EU) have come to resort to measures that are aimed at individuals, groups and government members. Targeted sanctions involve adopting measures such as asset freezes, travel bans, commodity sanctions, as well as arms embargoes. Eriksson argues that recent changes in the practice of sanctions from comprehensive to targeted sanctions requires a new way of understanding international sanctions practice. Not only do we need to rethink our methodology to assess recent practice, but also to rethink the very theory of sanctions. This valuable new perspective provides recent thinking on targeted sanctions, trends in practice and unique case studies for evaluation. Based on substantial research, this is a must-read for students, scholars and practitioners interested in international politics.
The effectiveness of sanctions cannot purely be measured by the way they change the behaviour of their intended target. The degree to which sanctions constrain a rogue state's behaviour and the signals they send to future targets should also be prime considerations. In this thought provoking book Francesco Giumelli measures the true effectiveness of EU sanctions against a range of states including Belarus, Zimbabwe, Moldova, Uzbekistan, the USA and China. He demonstrates that focussing purely on behavioural change is limiting, especially when considering the actions and motivations of an international organisation, and develops a process to evaluate the direct and indirect impact of EU sanctions. Giumelli demonstrates the many different ways sanctions have been used by the EU to produce positive direct and indirect results and provides a multi-level framework to assess the success of sanctions in the future.
This book offers a unique overview of the main legal systems of administrative sanctions, with thorough analyses of the administrative law sanctioning systems in 13 Member States and the EU. The focus is on both remedial and deterrent sanctions in administrative law. Especially where deterrent sanctions are involved, the aspects of national and international constitutional law are analyzed, as well as the influences of criminal law approaches in this legal area. After a general analysis of the definitions of sanction, thorough country analyses are presented of Austria, Belgium, Finland, France, Germany, Greece, Italy, the Netherlands, Portugal, Romania, Spain, Sweden, and the UK. The book concludes with an analysis of administrative sanctions in EU law. This collection is the result of an expert meeting of and a cooperation between specialists in both criminal law and administrative law. In part, this project was supported by the Dutch Research Foundation (Nederlandse Organisatie voor Wetenschappelijk Onderzoek) and the Dutch Ministry of Security and Justice.
In the early 1990s the then European Community imposed for the first time a set of economic restrictions against a specific entity: the National Union for the Total Independence of Angola. Since then, the individualisation of sanctions has become entrenched, these so-called 'smart' sanctions have proliferated, their targets and scope of application have significantly expanded, and they operate in an increasingly juridified environment. This book aims to shed light on the constitutive dynamics and causes of these developments, with a focus on the juridification of individual sanctions at the European level. To this end it first revisits the phenomenon of individualisation – moving beyond the conventional narrative that individual sanctions emerged because of humanitarian and effectiveness concerns – and situates the 'smarting' of sanctions within the context of broader structural transformations characterised by the consolidation of the global neoliberal order. Second, the book explores why the role of law has been so pronounced in the European context by unearthing the connections between EU law and capitalist order building.
The monetary and financial dimensions of economic sanctions have become critical components of sanctions strategies. A wider range of monetary and financial assets, entities (including central banks), and services are now targeted. Financial institutions, infrastructures, regulators and central banks play an increasingly influential role in shaping sanctions channels. Furthermore, sanctions may have significant impacts on financial obligations. This book, prepared under the auspices of the International Monetary Law Committee of the International Law Association (Mocomila), is the first to focus on the unexplored financial and monetary law aspects of economic sanctions and examine their impact on central banks and payment systems.
The European Union's (EU) Common Foreign and Security Policy (CFSP) stipulates that all member states must unanimously ratify policy proposals through their representatives on the EU Council. Intergovernmentalism, or the need for equal agreement from all member nations, is used by many political scientists and policy analysts to study how the EU achieves its CFSP. However, in European Foreign and Security Policy, Catherine Gegout modifies this theory, arguing instead for analyses based on what she terms 'constrained intergovernmentalism.' Gegout's theory of constrained intergovernmentalism allows for member states, in particular France, Germany, and the United Kingdom, to bargain with one another and to make rational decisions but also takes into account the constraints imposed by the United States, the European Commission, and the precedents set by past decisions. Three in-depth case studies of CFSP decision-making support her argument, as she examines the EU position on China's human rights record, EU sanctions against Serbia, and EU relations with NATO.
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.