Economic Sanctions and International Law

Description

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. Contents List of Contributors Table of Cases Table of Materials 1. Economic Sanctions and International Law: An Introduction 2. Sanctions and Fundamental Rights of States: The Case of EU Sanctions Against Iran and Syria I. Introduction II. The Essence of the Fundamental Rights Doctrine III. The Scope of the UN and EU Sanctions against Iran and Syria IV. The Interaction between Sanctions, their Authority and the Fundamental Rights of States V. Legal Basis of EU Sanctions and Collective Security Frameworks VI. Conclusion 3. Unilateral European Sanctions as Countermeasures: The Case of the EU Measures Against Iran I. Introduction II. The Legal Nature of the EU Measures III. EU Sanctions and the Legal Regime of Countermeasures IV. Conclusion 4. State Reactions to Illegal Sanctions I. Introduction II. On Various 'Sanctions' III. Reactions to Illegal Unilateral Sanctions IV. Reactions to Illegal Collective Sanctions V. Conclusion 5. Targeted Sanctions and Human Rights I. Introduction II. The Development of Targeted Sanctions III. Targeted Sanctions Today IV. Targeted Sanctions and Substantive Human Rights V. Targeted Sanctions and Procedural Human Rights VI. Conclusion 6. UN Smart Sanctions and the UN Declaration on the Rule of Law I. Introduction II. The Rule of Law within the United Nations III. UN Smart Sanctions and the Rule of Law IV. Conclusion 7. United Nations Targeted Sanctions, Human Rights and the Office of the Ombudsperson I. Introduction II. Targeted Sanctions against the Taliban and Al-Qaida III. The Effect of 9/11 on Targeted Sanctions IV. Criticism of the United Nations Asset Freezing Regime V. The Kadi I Case VI. The Evolution of the Office of the Ombudsperson VII. The Office of the Ombudsperson VIII. The Kadi II Case IX. The Office of the Ombudsperson post Kadi II X. Conclusion XI. Postscript 8. Sanctions Cases in the European Courts I. Introduction II. Setting the Scene: from PMOI to Kadi I III. The Application of Kadi Standards to Bilateral Sanctions Regimes and other Post-Kadi Developments IV. Open Questions and Remaining Challenges V. Conclusions 9. United States Sanctions: Delisting Applications, Judicial Review and Secret Evidence I. Introduction II. OFAC Sanctions-a Model of Economic Warfare III. Challenging a US Sanctions Listing IV. Some Concluding Remarks about the US OFAC regime and Challenges to Listing Decisions 10. Sanctions and Commercial Law I. Introduction II. History and Background III. The Modern Legal Framework IV. Sanctions, Contracts and Commercial Relations V. Conclusion Index