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Author: Clara Portela
Publisher: Routledge
ISBN: 0415552168
Category : Law
Languages : en
Pages : 226
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Book Description
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.
Author: Clara Portela
Publisher: Routledge
ISBN: 0415552168
Category : Law
Languages : en
Pages : 226
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Book Description
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.
Author: Iain Cameron
Publisher:
ISBN: 9781780681412
Category : Criminal law
Languages : en
Pages : 0
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Book Description
For the European Union, the famous "Kadi" cases have generated a wealth of articles dealing with the legal problems involved in EU implementation of UN Security Council sanctions. Less attention has been devoted to the numerous legal problems involved in the EU's own "autonomous" sanctions system. The subject is nevertheless topical, since there is a growing use of sanctions and the legal basis for sanctions has been changed with the Lisbon Treaty. EU sanctions are used both against regimes and against suspected terrorist financing. But these sanctions have developed "organically," without sufficient thought being given to certain basic issues (inter alia concerning procedural fairness). This has resulted in considerable litigation before the Court of Justice (CJEU). The new legal basis and the recent judgments from the CJEU have solved some difficulties, but "taking sanctions seriously" means new problems for national implementation, spanning a variety of areas: criminal law, constitutional law, international law, and European law. The essays in this book, written by distinguished scholars in their respective fields, deal with some of these issues: How should we go about measuring the impact(s) of targeted sanctions? * How coherent are these "administrative" measures of blacklisting with other existing and proposed EU measures in justice and home affairs promoting the criminal law model for dealing with the problem of terrorism (investigation, trial, conviction, and punishment/confiscation of assets)? * How can the problems caused for fair trial by the use of intelligence material be solved? * If we can (or must) continue to have sanctions in the area of terrorist financing, can they be made compatible with fundamental principles of national criminal law and criminal policy? * How does a system of "composite" decision-making (when the measure is partly national and partly at the EU level) avoid the risk that gaps arise in systems of legal protection? * What is the spillover effect of "over broad" quasi-criminal legislation directed at organizations, in the constitutional/human rights of freedom of expression and association? * How do EU sanctions fit into, and compare to, national systems for the proscription of terrorist organizations? * Should the same legal safeguards be applicable both for "regime" sanctions and anti-terrorist sanctions? (Series: Supranational Criminal Law: Capita Selecta - Vol. 15)
Author: Francesco Giumelli
Publisher: Routledge
ISBN: 1317014650
Category : Political Science
Languages : en
Pages : 266
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Book Description
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.
Author: Francesco Giumelli
Publisher: ECPR Press
ISBN: 1907301208
Category : Political Science
Languages : en
Pages : 224
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Book Description
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.
Author: Thomas J. Biersteker
Publisher: Cambridge University Press
ISBN: 1107134218
Category : Political Science
Languages : en
Pages : 423
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Book Description
Systematically analyzes the impacts and the effectiveness of UN targeted sanctions over the past quarter century.
Author: Francesco Giumelli
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Dr Mikael Eriksson
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409489175
Category : Political Science
Languages : en
Pages : 310
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Book Description
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.
Author: Christina Eckes
Publisher: Oxford University Press
ISBN: 019957376X
Category : Law
Languages : en
Pages : 514
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Book Description
Of individual sanctions could comply with general principles of EU law. Readership: Academics, graduate students, and practitioners interested in sanctions against individuals.
Author: Adam M. Smith
Publisher:
ISBN: 9781682672815
Category : Economic sanctions, American
Languages : en
Pages :
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Book Description
Author: Stefano Montaldo
Publisher: Routledge
ISBN: 0429582773
Category : Law
Languages : en
Pages : 539
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Book Description
The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.
