Coercing, Constraining and Signalling

Coercing, Constraining and Signalling

Author: Francesco Giumelli

Publisher: ECPR Press

Published: 2011-09-13

Total Pages: 224

ISBN-13: 1907301208

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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.


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.


National Implementation of United Nations Sanctions

National Implementation of United Nations Sanctions

Author: Vera Gowlland-Debbas

Publisher: Martinus Nijhoff Publishers

Published: 2004

Total Pages: 683

ISBN-13: 9004140905

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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.


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.


How EU Sanctions Work

How EU Sanctions Work

Author: Francesco Giumelli

Publisher:

Published: 2013

Total Pages: 52

ISBN-13:

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The European Union has devoted growing attention to sanctions since the entry into force of the Maastricht Treaty. In total, the Council has imposed Common Foreign and Security Policy (CFSP) sanctions targeting countries, economic sectors, groups, individuals and entities on 27 different occasions. The novelty in the area of sanctions is that targets are not only states, as in the recent cases of Iran and Syria, but they are also individuals and non-state entities, e.g. anti-terrorist lists, President Robert Mugabe and his associates, and several companies connected with the military junta in Burma/Myanmar. Additionally, the contexts in which sanctions are utilised can be diverse, ranging from the protection of human rights to crisis management and non-proliferation. Despite the fact that the effectiveness of sanctions has been much debated, the EU has developed a sanctioning policy and intensified its adoption of sanctions. Sanctions were traditionally seen as a way to impose economic penalties as a means of extracting political concessions from targets, but EU sanctions do not always impose a cost nor do they always seek to induce behavioural change. To this extent, a new narrative may be needed.


The Law of the List

The Law of the List

Author: Gavin Sullivan

Publisher: Cambridge University Press

Published: 2020-04-23

Total Pages: 399

ISBN-13: 1108491928

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Governing though the technology of the list is transforming international law, global security and the power of international organisations.


The Success of Sanctions

The Success of Sanctions

Author: Francesco Giumelli

Publisher: Routledge

Published: 2016-03-03

Total Pages: 266

ISBN-13: 1317014650

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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.


United Nations Sanctions and International Law

United Nations Sanctions and International Law

Author: Vera Gowlland-Debbas

Publisher: BRILL

Published: 2021-11-15

Total Pages: 422

ISBN-13: 9004502874

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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.


United Nations Sanctions and the Rule of Law

United Nations Sanctions and the Rule of Law

Author: Jeremy Matam Farrall

Publisher: Cambridge University Press

Published: 2009-07-09

Total Pages: 574

ISBN-13: 9780521141987

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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.