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Author: Enrico Carisch Publisher: Springer ISBN: 3319600052 Category : Social Science Languages : en Pages : 501
Book Description
Marking the 50th anniversary of UN sanctions, this work examines the evolution of sanctions from a primary instrument of economic warfare to a tool of prevention and protection against global conflicts and human rights abuses. The rise of sanctions as a versatile and frequently used tool to confront the challenges of armed conflicts, terrorism, the proliferation of weapons of mass destruction and violations of international humanitarian and human rights law, is rooted in centuries of trial and error of coercive diplomacy. The authors examine the history of UN sanctions and their potential for confronting emerging and future threats, including: cyberterrorism and information warfare, environmental crimes, and corruption. This work begins with a historical overview of sanctions and the development of the United Nations system. It then explores the consequences of the superpowers' Cold War stalemate, the role of the Non-Aligned Movement, and the subsequent transformation from a blunt, comprehensive approach to smart and fairer sanctions. By calibrating its embargoes, asset freezes and travel bans, the UN developed a set of tools to confront the new category of risk actors: armed non-state actors and militias, global terrorists, arms merchants and conflict minerals, and cyberwarriors. Section II analyzes all thirty UN sanctions regimes adopted over the past fifty years. These narratives explore the contemporaneous political and security context that led to the introduction of specific sanctions measures and enforcement efforts, often spearheaded for good or ill by the permanent five members of the Security Council. Finally, Section III offers a qualitative analysis of the UN sanctions system to identify possible areas for improvements to the current Security Council structure dominated by the five veto-wielding victors of World War II. This work will be of interest to researchers and practitioners in criminal justice, particularly with an interest in security, as well as related fields such as international relations and political science.
Author: Enrico Carisch Publisher: Springer ISBN: 3319600052 Category : Social Science Languages : en Pages : 501
Book Description
Marking the 50th anniversary of UN sanctions, this work examines the evolution of sanctions from a primary instrument of economic warfare to a tool of prevention and protection against global conflicts and human rights abuses. The rise of sanctions as a versatile and frequently used tool to confront the challenges of armed conflicts, terrorism, the proliferation of weapons of mass destruction and violations of international humanitarian and human rights law, is rooted in centuries of trial and error of coercive diplomacy. The authors examine the history of UN sanctions and their potential for confronting emerging and future threats, including: cyberterrorism and information warfare, environmental crimes, and corruption. This work begins with a historical overview of sanctions and the development of the United Nations system. It then explores the consequences of the superpowers' Cold War stalemate, the role of the Non-Aligned Movement, and the subsequent transformation from a blunt, comprehensive approach to smart and fairer sanctions. By calibrating its embargoes, asset freezes and travel bans, the UN developed a set of tools to confront the new category of risk actors: armed non-state actors and militias, global terrorists, arms merchants and conflict minerals, and cyberwarriors. Section II analyzes all thirty UN sanctions regimes adopted over the past fifty years. These narratives explore the contemporaneous political and security context that led to the introduction of specific sanctions measures and enforcement efforts, often spearheaded for good or ill by the permanent five members of the Security Council. Finally, Section III offers a qualitative analysis of the UN sanctions system to identify possible areas for improvements to the current Security Council structure dominated by the five veto-wielding victors of World War II. This work will be of interest to researchers and practitioners in criminal justice, particularly with an interest in security, as well as related fields such as international relations and political science.
Author: Vera Gowlland-Debbas Publisher: Martinus Nijhoff Publishers ISBN: 9004140905 Category : Law Languages : en Pages : 683
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: BRILL ISBN: 9004502874 Category : Law Languages : en Pages : 422
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: Jeremy Matam Farrall Publisher: Cambridge University Press ISBN: 9780521141987 Category : Law Languages : en Pages : 574
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: Larissa van den Herik Publisher: Edward Elgar Publishing ISBN: 1784713031 Category : Law Languages : en Pages : 544
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.
Author: Golnoosh Hakimdavar Publisher: Routledge ISBN: 1136270604 Category : Political Science Languages : en Pages : 214
Book Description
Economic Sanctions are increasingly used as a legal, non-military technique of combating abusers of international peace. However it remains unclear how the success or failure of these sanctions is measured. This book examines the seldom-explored United Nations’ economic sanctions deliberation process and exposes systematic problems in the measurement of the success or failure of these sanctions. Centering on the key concepts of "peace and security," the author brings the reader’s attention to the discrepancies that exist in the process of decision-making, implementation, and evaluation of UN imposed economic sanctions. She engages international law and development methods to provide proof for the lack of consensus in measures of success and failure, which in turn suggests that sanction implementation on a uniform domestic front are unattainable. This thorough analysis concludes with suggestions for improving the sanctions process, only to clear the path for negating them as a whole and suggest alternative non-coercive measures for mitigating conflict situations and threats to peace and security.
Author: Sachiko Yoshimura Publisher: Routledge ISBN: 9780367644161 Category : Economic sanctions Languages : en Pages : 232
Book Description
This book presents insightful perspectives on the invocation, implementation and application of UN-approved financial sanctions and related issues. With contributions from academics, diplomats and UN panel experts, Yoshimura offers an analysis of how the UN financial sanctions have evolved, the different roles of various major international actors in agreeing and deploying them, and their success in achieving desired outcomes. It also sheds light on a vital role of Japan in the formulation and deployment of financial sanctions, as the third largest economy in the world with very limited armed forces and a pacifist constitution. Offering valuable consideration into one of the key implements of international law, this is an essential guide for scholars and practitioners in Diplomacy and International Relations.
Author: Richard Haass Publisher: Council on Foreign Relations ISBN: 9780876092125 Category : Business & Economics Languages : en Pages : 240
Book Description
What cannot be disputed is that economic sanctions are increasingly at the center of American foreign policy: to stem the proliferation of weapons of mass destruction, promote human rights, discourage aggression, protect the environment, and thwart drug trafficking.
Author: Andrea Charron Publisher: Routledge ISBN: 1136662979 Category : Law Languages : en Pages : 249
Book Description
This book examines the application of UN Security Council's mandatory sanctions since 1946, and, in particular, the regimes adopted for specific types of conflict. It addresses four distinct threats to peace and security: interstate conflicts, intrastate conflicts, norm-breaking states and terrorism.
Author: Enrico Carisch
Author: Enrico Carisch
Author: Thomas J. Biersteker
Author: Vera Gowlland-Debbas
Author: Vera Gowlland-Debbas
Author: Jeremy Matam Farrall
Author: Larissa van den Herik
Author: Golnoosh Hakimdavar
Author: Sachiko Yoshimura
Author: Richard Haass
Author: Andrea Charron