Unilateral Sanctions in International Law

Description

This book explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are. The first study of this kind devoted to the examination of unilateral sanctions, the book examines both the legality 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 and regional economic integration. Preface Table of Contents Biographical Notes of Contributors Introduction I. Challenges Posed to the International Legal Order by Unilateral Sanctions II. Increase in the Use of Unilateral Sanctions III. Changing Character of Unilateral Sanctions IV. Legal Response to Unilateral Sanctions V. The Rationale for this Study VI. Scope of this Study VII. Sanctions Imposed by the EU and Other Regional Organisations VIII. UN Sanctions IX. Parallel Sanctions X. Retorsions and 'Smart' or Targeted Sanctions XI. Countermeasures and Unilateral Sanctions XII. Organisation of the Study XIII. Hope for the Future 1. The Status of Unilateral Sanctions in International Law I. Introduction II. The Nature and Scope of Unilateral Sanctions III. The Practice of Imposing Unilateral Sanctions IV. Lawfulness of Unilateral Sanctions V. Divided Scholarly Opinion VI. Division Along First World and Third World Approaches VII. Justification of Unilateral Sanctions as Countermeasures VIII. Unilateral Sanctions in Customary International Law IX. Legal Weight of Developed and Developing Country Practice X. The Jurisprudence XI. Unilateral Sanctions with Extraterritorial Reach XII. Unilateral Sanctions and Human Rights XIII. Protection of Human Rights as Erga Omnes Obligations and Unilateral Sanctions XIV. Conclusions 2. Shades of Grey: Autonomous Sanctions in the International Legal Order I. Introduction II. The Growth of Autonomous Sanctions III. International Law and Sanctions IV. Enforcing International Peace or International Law? V. Where Does Sanctioning Competence Lie? VI. Targeted Sanctions: Towards Decentralised Law Enforcement? VII. The Inherent Illegality of Autonomous Sanctions VIII. Conclusion 3. Unilateral Sanctions: Creating Chaos at Bargain Rates I. Introduction II. The Asymmetry of Unilateral Sanctions III. Extraterritorial and Secondary Measures IV. When Unilateral Measures are Global: The Case of Cuba V. Financial Sanctions VI. The 'Chilling Effect' VII. Economic Rights and the Right to Development VIII. Conclusion 4. The Implications of Unilateral Sanctions for the Freedom of Aviation I. Introduction and Scope II. Legal Framework III. Russia"s Threat to Close its Airspace to EU and US Airlines IV. US Sanctions against Iran: Implications for the Safety of Civil Aviation V. The Saudi-Led Airspace Restrictions Affecting Qatar-Registered Aircraft VI. Conclusion 5. The Impact of Unilateral Sanctions on Regional Integration Treaties with Special Reference to the Gulf Cooperation Council I. Introduction II. Background to the Gulf Cooperation Council III. The Growth of Free Trade Agreements and Economic Integration in the GCC IV. The 'Riyadh Agreements' and Subsequent Sanctions on Qatar V. Effects of the Blockade on Qatar and Legality of the Sanctions within the GCC Framework VI. Conclusion 6. The Effect of Unilateral Sanctions on Foreign Investors and the Foreign Investment Regime I. Introduction II. The Potential Effects of Unilateral Economic Sanctions on Foreign Investors III. Consequences for the States Involved where there is a Valid Investment Treaty in Place IV. Case Studies: Iran and Qatar V. Conclusion 7. The World Trade Organisation and Unilateral Sanctions: Prohibited or Possible? I. Introduction II. Unilateral Economic Sanctions III. Unilateral Sanctions in WTO law IV. Unilateral Economic Sanctions and International Trade Law: Exemptions? V. Unilateral Economic Sanctions in Practice VI. Are American Unilateral Economic Sanctions on Russia WTO-Compatible? VII. Recent WTO Case Law: the Consideration of Unilateral Economic Sanctions Placed on Qatar and Russia VIII. Conclusion 8. Unilateral Sanctions, Universal Postal Union and State Responsibility I. Introduction II. Universal Postal Union III. US Sanction on Iran: Case Study IV. Sanctions Targeting Postal Communication with Qatar: Case Study V. Conclusion 9. Unilateral Coercive Measures: Towards International Humanitarian Law and International Human Rights I. Introduction II. The Position of the Human Rights Council III. Applying IHL Principles to UCM Regimes: Case Studies IV. Conclusion 10. Maritime Lawfare: The Impact of Unilateral Sanctions on Law and Practice on Navigation and Seaborne Trade I. Introduction II. Maritime Sovereignty and Jurisdiction III. Maritime Lawfare IV. Concluding Remarks 11. Can Unilateral Sanctions and International Environmental Obligations of States Coexist? I. Introduction II. International Law and the Environment III. Variance in Law and Environmental Security IV. Sanctions and the Environmental Security: Can they Coexist? V. Conclusion 12. Use of Cyber Means to Enforce Unilateral Coercive Measures in International Law I. Introduction II. Defining 'Cyberwarfare' III. Cyberwarfare in the Context of Jus ad Bellum and Jus in Bello IV. The Tallinn Manuals and Draft Articles on State Responsibility V. Unilateral Approaches to Cybersecurity Sanctions VI. Need for Law Enforcement Cooperation VII. Conclusion 13. Conclusions: The Current Law on Unilateral Sanctions, Remedies against Unlawful Use of such Sanctions and Recommendations I. The Current Law on Unilateral Sanctions II. The International Legal Framework for Unilateral Sanctions III. Remedies available to States Subjected to Unlawful Unilateral Sanctions IV. Human Rights Violations and Unilateral Sanctions V. The Way Forward Appendix: Draft Declaration on the Rules of International Law
on Unilateral Sanctions Index