Economic Sanctions Under International Law: Unilateralism, Multilateralism, Legitimacy, and Consequences

ISBN-13: 9789462650503 / Angielski / Twarda / 2015 / 249 str.

Ali Z. Marossi; Marisa R. Bassett

Opis

Since the Second World War, States have increasingly relied upon economic sanctions programs, in lieu of military action, to exert pressure and generally to fill the awkward gap between verbal denunciation and action. Whether or not sanctions are effective remains a point of contention among policymakers. Frequently asked questions include whether any legal order constrains the use of sanctions, and, if so, what the limits on the use of sanctions are. This volume gathers contributions from leading experts in various relevant fields providing a seminal study on the limits of economic sanctions under international law, including accountability mechanisms when sanctioning States go too far. Where there are gaps in the law, the authors provide novel and important contributions as to how existing legal structures can be used to ensure that economic sanctions remain within an accepted legal order. This book is a most valuable contribution to the literature in the fields of international economic law, public international law and international dispute resolution. Ali Z. Marossi is an advisory board member of The Hague Center for Law and Arbitration. Marisa R. Bassett is Associate Legal Officer in the Office of the Prosecutor for the ICTY and former Associate at White & Case LLP.

Spis treści

The Impact of Unilateral EU Economic Sanctions on the UN Collective Security Framework: the Cases of Iran and Syria.- The Construction of the Sanctions Regime against Iran: Political Dimensions of Unilateralism.- Increasing the Cost of Rape: Using Targeted Sanctions to Deter Sexual Violence in Armed Conflict.- Unilateral Sanctions in International Law: A Quest for Legality.- International Legal Limits on the Ability of States to Lawfully Impose International Economic/Financial Sanctions.- Jus ad bellum economicum and jus in bello economico: The Limits of Economic Sanctions Under the Paradigm of International Humanitarian Law.- Economic Sanctions Infringing Human Rights: Is There a Limit?.- Sanctions Imposed Unilaterally by the European Union: Implications for the European Union’s International Responsibility.- Unilateralism and Power of Revision.- Economic Sanctions Leading to Human Rights Violations: Constructing Legal Argument.- The Arbitration of Disputes Related to Foreign Investments Affected by Unilateral Sanctions.- The Need for International Judicial Review of UN Economic Sanctions.- Final Comment: Legal Review of New EU Sanctions against Russia in Light of Recent Jurisprudence of the European Courts.