Economic Sanctions in EU Private International Law
Economic Sanctions in EU Private International Law

Author: Tamás Szabados

Publisher:

Published: 2019

Total Pages: 0

ISBN-13: 9781509933549

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"Economic sanctions are an instrument of foreign policy. They may, however, affect the legal - first of all contractual - relations between private parties. In such a case, the court or arbitration tribunal seized has to decide whether to give effect or not to the economic sanction. It is private international law that functions as a 'filter' and transmits economic sanctions having a public law origin to the realm of private law. The aim of this book is to examine how private international law rules can influence the enforcement of economic sanctions and the related foreign policy objectives. A coherent EU foreign policy position as well as legal certainty and predictability would suppose a uniform approach not only concerning the economic sanctions of the EU, but also with regard to the restrictive measures imposed by third countries. However, if we examine in detail the application of economic sanctions by the courts of the Member States and arbitral tribunals, we find a somewhat different picture. It will become obvious that one of the reasons for this is the divergence of the private international law approaches in the Member States"--

Economic Sanctions in EU Private International Law
Economic Sanctions in EU Private International Law

Author: Tamás Szabados

Publisher: Bloomsbury Publishing

Published: 2020-01-23

Total Pages: 285

ISBN-13: 1509933522

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Economic sanctions are instruments of foreign policy. However, they can also affect legal relations between private parties – principally in contract. In such cases, the court or arbitration tribunal seized must decide whether to give effect to the economic sanction in question. Private international law functions as a 'filter', transmitting economic sanctions that originate in public law to the realm of private law. The aim of this book is to examine how private international law rules can influence the enforcement of economic sanctions and their related foreign policy objectives. A coherent EU foreign policy position – in addition to promoting legal certainty and predictability – would presuppose a uniform approach not only concerning the economic sanctions of the EU, but also with regard to the restrictive measures imposed by third countries. However, if we examine in detail the application of economic sanctions by Member States' courts and arbitral tribunals, we find a somewhat different picture. This book argues that this can be explained in part by the divergence of private international law approaches in the Member States.

Economic Sanctions in EU Private International Law
Economic Sanctions in EU Private International Law

Author: Tamás Szabados

Publisher: Bloomsbury Publishing

Published: 2020-01-23

Total Pages: 275

ISBN-13: 1509933530

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Economic sanctions are instruments of foreign policy. However, they can also affect legal relations between private parties – principally in contract. In such cases, the court or arbitration tribunal seized must decide whether to give effect to the economic sanction in question. Private international law functions as a 'filter', transmitting economic sanctions that originate in public law to the realm of private law. The aim of this book is to examine how private international law rules can influence the enforcement of economic sanctions and their related foreign policy objectives. A coherent EU foreign policy position – in addition to promoting legal certainty and predictability – would presuppose a uniform approach not only concerning the economic sanctions of the EU, but also with regard to the restrictive measures imposed by third countries. However, if we examine in detail the application of economic sanctions by Member States' courts and arbitral tribunals, we find a somewhat different picture. This book argues that this can be explained in part by the divergence of private international law approaches in the Member States.

Economic Sanctions and International Law
Economic Sanctions and International Law

Author: Matthew Happold

Publisher: Bloomsbury Publishing

Published: 2016-10-20

Total Pages: 301

ISBN-13: 1782254722

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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.

Economic Sanctions in International Law and Practice
Economic Sanctions in International Law and Practice

Author: Masahiko Asada

Publisher: Routledge

Published: 2019-11-07

Total Pages: 250

ISBN-13: 0429628013

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Providing perspectives from a range of experts, including international lawyers, political scientists, and practitioners, this book assesses current theory and practice of economic sanctions, discussing current legal and political challenges faced by the international community. It examines both the implementation of sanctions by major powers – the United States, the European Union, and Japan – as well as assessing the impact of those sanctions through case studies of Russia, Iran, Syria, and North Korea. Balancing theoretical analysis of legal considerations with national and regional level empirical analysis, it also includes coverage of sanctions issues by the UN Security Council and the EU, as well as the extraterritorial application of sanctions. A valuable reference for academics and practitioners, Economic Sanctions in International Law and Practice will be useful to those working in the fields of international law, diplomacy, and international political economy.

Research Handbook on Unilateral and Extraterritorial Sanctions
Research Handbook on Unilateral and Extraterritorial Sanctions

Author: Beaucillon, Charlotte

Publisher: Edward Elgar Publishing

Published: 2021-08-27

Total Pages: 512

ISBN-13: 1839107855

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Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy. This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions. Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.

Targeted Sanctions
Targeted Sanctions

Author: Thomas J. Biersteker

Publisher: Cambridge University Press

Published: 2016-03-17

Total Pages: 423

ISBN-13: 1107134218

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Systematically analyzes the impacts and the effectiveness of UN targeted sanctions over the past quarter century.

Research Handbook on UN Sanctions and International Law
Research Handbook on UN Sanctions and International Law

Author: Larissa van den Herik

Publisher: Edward Elgar Publishing

Published: 2017-07-28

Total Pages: 543

ISBN-13: 1784713031

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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.

EU Private Law
EU Private Law

Author: Jürgen Basedow

Publisher:

Published: 2021-04-28

Total Pages: 780

ISBN-13: 9781839701214

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The book deals with the impact of EU law on private relations. While EU law has principally developed through vertical relations of the Union and its Member States with private persons, its foundations, principles and enforcement mechanisms are increasingly affecting the growing body of EU law governing horizontal relations between individuals and undertakings. The results are sometimes unexpected and sometimes inappropriate.