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Author: Vera Gowlland-Debbas
Publisher: Martinus Nijhoff Publishers
ISBN: 9004140905
Category : Law
Languages : en
Pages : 683
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Book Description
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.
Author: Vera Gowlland-Debbas
Publisher: Martinus Nijhoff Publishers
ISBN: 9004140905
Category : Law
Languages : en
Pages : 683
Get Book Here
Book Description
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.
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: Jeremy Matam Farrall
Publisher: Cambridge University Press
ISBN: 9780521141987
Category : Law
Languages : en
Pages : 574
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Book Description
The United Nations Security Council has increasingly resorted to sanctions as part of its efforts to prevent and resolve conflict. In this 2007 book, Farrall traces the evolution of the Security Council's sanctions powers and charts the contours of the UN sanctions system. He also evaluates the extent to which the Security Council's increasing commitment to strengthening the rule of law extends to its sanctions practice. The book identifies shortcomings in respect of key rule of law principles and advances pragmatic policy-reform proposals designed to ensure that UN sanctions promote, strengthen and reinforce the rule of law. In its appendices United Nations Sanctions and the Rule of Law contains summaries of all 25 UN sanctions regimes established to date by the Security Council. It forms an invaluable source of reference for diplomats, policymakers, scholars and advocates.
Author: Vera Gowlland-Debbas
Publisher: BRILL
ISBN: 9004502874
Category : Law
Languages : en
Pages : 422
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Book Description
The reactivation of the Security Council at the beginning of the last decade has resulted, since the invasion of Kuwait by Iraq on August 2, l990, in increasing use of its powers under Chapter VII of the Charter and the adoption of measures against a number of state and non-state entities. The notion of a threat to the peace has now come to encompass violations of fundamental norms of international law such as human rights and humanitarian law, and the wide-ranging measures adopted have included such innovations as the establishment of the UN Compensation Commission or that of the two international criminal tribunals for Former Yugoslavia and Rwanda. These measures have not only infringed on the legal rights of the targeted state (sometimes with irreversible effects where they have remained in force over a long period of time) and its population, but also on those of implementing states and of private rights within these states. The current debate over the legitimacy and long-term effects of economic sanctions on states and their populations makes it imperative to re-evaluate this instrument and the broader peace maintenance function of the Security Council in the light of current community concerns. Part One of this book addresses the theoretical issues by focussing on: 1) The place of sanctions in the international legal system; 2) the limits to the powers of the Security Council and the question of accountability; and 3) an assessment of the alternatives to collective economic sanctions. Part Two looks at the relationship between sanctions and humanitarian issues, examining the relationship between: 1) Sanctions and human rights law; 2) sanctions, humanitarian issues and mandates; and 3) sanctions and humanitarian law. Part Three focuses on implementation by states of Security Council sanctions resolutions by examining: 1) Sanctions and private rights; and 2) special problems for implementing states. Part Four addresses the future in reassessing the place and ethics of sanctions in an international legal system which is giving increased importance to the individual. This work is based on papers presented at a colloquium of the Graduate Institute of International Studies in Geneva.
Author: Paul Conlon
Publisher: BRILL
ISBN: 9004478744
Category : Law
Languages : en
Pages : 219
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Book Description
This remarkable book scrutinizes the rationale and enforcement of the continuing United Nations sanctions in Iraq—a program widely criticized for imposing misery on an entire population in a fruitless attempt to humble a cynical tyrant. It is the first book-length study ever undertaken of the functioning of a Security Council sanctions committee. It analyzes in detail substantive UN sanctions law, the operation of mandatory Chapter VII sanctions, and their practical enforcement strategies. The author offers recommendations, both legislative and organizational, for improving the effectiveness of multilateral sanctions measures in the future. Providing a rare insider’s view of this aspect of international law and organization, and based largely on previously unpublished documents, United Nations Sanctions Management will be of great interest for the light it sheds on the background to the current UN impasse on Iraq. There are two statistical tables, four flowcharts, lists of committee members and meetings, and a select bibliography. Published under the auspices of the Procedural Aspects of International Law Institute (PAIL). For more information about PAIL go to pail-institute.org. Published under the Transnational Publishers imprint.
Author: Richard Nephew
Publisher: Columbia University Press
ISBN: 0231542550
Category : Business & Economics
Languages : en
Pages : 278
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Book Description
Nations and international organizations are increasingly using sanctions as a means to achieve their foreign policy aims. However, sanctions are ineffective if they are executed without a clear strategy responsive to the nature and changing behavior of the target. In The Art of Sanctions, Richard Nephew offers a much-needed practical framework for planning and applying sanctions that focuses not just on the initial sanctions strategy but also, crucially, on how to calibrate along the way and how to decide when sanctions have achieved maximum effectiveness. Nephew—a leader in the design and implementation of sanctions on Iran—develops guidelines for interpreting targets’ responses to sanctions based on two critical factors: pain and resolve. The efficacy of sanctions lies in the application of pain against a target, but targets may have significant resolve to resist, tolerate, or overcome this pain. Understanding the interplay of pain and resolve is central to using sanctions both successfully and humanely. With attention to these two key variables, and to how they change over the course of a sanctions regime, policy makers can pinpoint when diplomatic intervention is likely to succeed or when escalation is necessary. Focusing on lessons learned from sanctions on both Iran and Iraq, Nephew provides policymakers with practical guidance on how to measure and respond to pain and resolve in the service of strong and successful sanctions regimes.
Author: David Cortright
Publisher:
ISBN:
Category : Economic sanctions
Languages : en
Pages : 298
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Book Description
Since the end of the Cold War, economic sanctions have been a frequent instrument of UN authority. Based on more than 200 interviews with officials from both sides, this book aims to provide a comprehensive assessment of the effectiveness of UN sanctions in the 1990s.
Author: Adam M. Smith
Publisher:
ISBN: 9781682672815
Category : Economic sanctions, American
Languages : en
Pages :
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Book Description
Author: Scott A. Snyder
Publisher: Council on Foreign Relations
ISBN: 0876097336
Category : International relations
Languages : en
Pages : 106
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Book Description
These essays support the argument that strong and effective presidential leadership is the most important prerequisite for South Korea to sustain and project its influence abroad. That leadership should be attentive to the need for public consensus and should operate within established legislative mechanisms that ensure public accountability. The underlying structures sustaining South Korea’s foreign policy formation are generally sound; the bigger challenge is to manage domestic politics in ways that promote public confidence about the direction and accountability of presidential leadership in foreign policy.
Author: Larissa van den Herik
Publisher: Edward Elgar Publishing
ISBN: 1784713031
Category : Law
Languages : en
Pages : 543
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Book Description
The 1990s have been labeled the ‘Sanctions Decade’, since they witnessed an unprecedented intensification of the use of collective non-military enforcement measures, and in particular sanctions, by the post-Cold War reactivated Security Council. This Research Handbook studies the current practice of UN sanctions in international law, their interrelationship with other regimes and substantive areas of law, as well as issues arising from their implementation and application at the domestic level.
