Sanctions Law Richard, QC Gordon; Michael, CBE QC (Hon) Smyth; Cornell, Tom
2019, 2019/01/01, 2019-01-24
eBook
This book aims to create a user-friendly, accessible guide to the complex area of sanctions law. In particular, the book will examine how sanctions restrictions work in practice, and what the ...implications are for multinational businesses operating across numerous sanctions regimes. To this extent, the book considers the interrelationship between sanctions at the supranational and national levels, including the impact of the far-reaching US sanctions regime. The book’s aim is not to provide an exhaustive list of sanctions regulations, but rather a framework for engaging with the relevant legislation and the main issues arising therefrom. Reinforcing this practical and commercially-focused approach, each chapter is written in a format that enables easy reading and rapid assimilation. Where there are relevant materials, be they legislative or case-law, these are outlined at the start of each chapter. In addition, the chapters dealing with challenges to sanctions designations each include a section with key principles, providing the clearest possible treatment of the subject.
Sanctions have become the go-to foreign policy tool for the United
States. Coercive economic measures such as trade tariffs, financial
penalties, and export controls affect large numbers of companies
...and states across the globe. Some of these penalties target
nonstate actors, such as Colombian drug cartels and Islamist terror
groups; others apply to entire countries, including North Korea,
Iran, and Russia. U.S. policy makers see sanctions as a low-cost
tactic, but in reality these measures often fail to achieve their
intended goals-and their potent side effects can even harm American
interests. Backfire explores the surprising ways sanctions
affect multinational companies, governments, and ultimately
millions of people around the world. Drawing on interviews with
experts, policy makers, and people in sanctioned countries, Agathe
Demarais examines the unintended consequences of the use of
sanctions as a diplomatic weapon. The proliferation of sanctions
spurs efforts to evade them, as states and firms seek ways to
circumvent U.S. penalties. This is only part of the story.
Sanctions also reshape relations between countries, pushing
governments that are at odds with the U.S. closer to each other-or,
increasingly, to Russia and China. Full of counterintuitive
insights spanning a wide range of topics, from Russia's invasion of
Ukraine to Iran's COVID response and China's cryptocurrency
ambitions, Backfire reveals how sanctions are transforming
geopolitics and the global economy-as well as diminishing U.S.
influence. This insider's account is an eye-opening, accessible,
and timely book that sheds light on the future of sanctions in an
increasingly multipolar world.
We review a number of developments and trends in the literature on economic sanctions. We discuss salient contributions to the theoretical literature, data collection, and empirical work on the ...impact, effectiveness and success of sanctions in Economics and Political Science. Our interdisciplinary perspective highlights the existence of a stark contrast in the ways the two disciplines view and analyze sanctions. Taking advantage of this perspective, we identify potential directions for future work. Most importantly, we argue that moving toward a better understanding of the causes and consequences of economic sanctions requires a much tighter integration of concepts from Political Science and Economics and a more extensive interdisciplinary collaboration.
Abstract Roman Law in the Late Empire, compiled to a large extent in the Codex Theodosianus, contemplated numerous sanctions that involved the use of this easily melted heavy metal. Among them, the ...scourging with lead whips and the intake of molten lead would especially stand out. The essential objective of this article will be the investigation about the procedures, the causes of the convictions and the nature of the condemned, without losing sight of the historical framework that determines all this legal documentation. Keywords Lead; Legal Sanctions; Procedures; Theodosian Code. 1.ANTECEDENTES: EL FLAGELLUM Y LA INGESTA DE METAL FUNDIDO Horacio, un auténtico icono de la poesía latina en su vertiente lírica y satírica, ya estableció una distinción nítida entre la simple scutica y el flagellum, al que consideró un instrumento terrible2.
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.
The global sanctions data base Felbermayr, Gabriel; Kirilakha, Aleksandra; Syropoulos, Constantinos ...
European economic review,
10/2020, Volume:
129
Journal Article
Peer reviewed
This article introduces the Global Sanctions Data Base (GSDB), a new dataset of economic sanctions that covers all bilateral, multilateral, and plurilateral sanctions in the world during the ...1950–2016 period across three dimensions: type, political objective, and extent of success. The GSDB features by far the most cases amongst data bases that focus on effective sanctions (i.e., excluding threats) and is particularly useful for analysis of bilateral international transactional data (such as trade flows). We highlight five important stylized facts: (i) sanctions are increasingly used over time; (ii) European countries are the most frequent users and African countries the most frequent targets; (iii) sanctions are becoming more diverse, with the share of trade sanctions falling and that of financial or travel sanctions rising; (iv) the main objectives of sanctions are increasingly related to democracy or human rights; (v) the success rate of sanctions has gone up until 1995 and fallen since then. Using state-of-the-art gravity modeling, we highlight the usefulness of the GSDB in the realm of international trade. Trade sanctions have a negative but heterogeneous effect on trade, which is most pronounced for complete bilateral sanctions, followed by complete export sanctions.
Recent research on economic sanctions has produced significant advances in our theoretical and empirical understanding of the causes and effects of these phenomena. Our theoretical understanding, ...which has been guided by empirical findings, has reached the point where existing datasets are no longer adequate to test important hypotheses. This article presents a recently updated version of the Threat and Imposition of Economic Sanctions dataset. This version of the data extends the temporal domain, corrects errors, updates cases that were ongoing as of the last release, and includes a few additional variables. We describe the dataset, paying special attention to the key differences in the new version, and we present descriptive statistics for some of the key variables, highlighting differences across versions. Since the major change in the dataset was to more than double the time period covered, we also present some simple statistics showing trends in sanctions use over time.
This book is the first in a series examining how public law and international law intersect in five thematic areas of global significance: sanctions, global health, environment, movement of people ...and security. Until recently, international and public law have mainly overlapped in discussions on how international law is implemented domestically. This series explores the complex interactions that occur when legal regimes intersect, merge or collide. Sanctions, Accountability and Governance in a Globalised World discusses legal principles which cross the international law/domestic public law divide. What tensions emerge from efforts to apply and enforce law across diverse jurisdictions? Can we ultimately only fill in or fall between the cracks or is there some greater potential for law in the engagement? This book provides insights into international, constitutional and administrative law, indicating the way these intersect, creating a valuable resource for students, academics and practitioners in the field.
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