Economic Sanctions

Author: Kern Alexander
Publisher:
ISBN: 9781349357758
Format: PDF, Kindle
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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

Author: Kern Alexander
Publisher: Palgrave Macmillan
ISBN: 9780230525559
Format: PDF
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Financial sanctions have become important instruments of regulatory and foreign policy in recent years. Following 9/11, the leading G10 developed countries have increasingly been using targeted financial sanctions against designated states, international terrorist organizations, drug traffickers, and their commercial and financial supporters. This book provides the first in depth study examining the post-9/11 financial sanctions programmes in the US and Europe, and 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
Publisher: Bloomsbury Publishing
ISBN: 1782254722
Format: PDF
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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.

A Strategic Understanding of UN Economic Sanctions

Author: Golnoosh Hakimdavar
Publisher: Routledge
ISBN: 1136270604
Format: PDF, ePub, Docs
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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 as an Instrument of U S Foreign Policy

Author: Helen Osieja
Publisher: Universal-Publishers
ISBN: 1581123140
Format: PDF, Mobi
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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.

Imposing economic sanctions

Author: Geoffrey Leslie Simons
Publisher: Pluto Pr
ISBN: 9780745313955
Format: PDF, ePub
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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.

International Dispute Resolution and the Public Policy Exception

Author: Farshad Ghodoosi
Publisher: Routledge
ISBN: 1317292847
Format: PDF, Kindle
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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.

Handbook of Export Controls and Economic Sanctions

Author: Kay C. Georgi
Publisher: Amer Bar Assn
ISBN: 9781627220507
Format: PDF, Docs
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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.