International Sanctions in Practice


Book Description

This book addresses key aspects relating to the use of international sanctions by assembling contributions from different fields of expertise with a view to providing readers with an interdisciplinary perspective. Unilateral or plurilateral restrictive measures, commonly referred to as “sanctions”, by States or regional organizations have been acquiring an enormous practical importance in the last decades, leading also to the institution of a European Union’s sanctioning mechanism of its own. In addition to that, the war in Ukraine, triggered by the Russian aggression, has given them an unprecedented visibility, including in the mainstream media. The matter nevertheless remains particularly complex, given its diverse implications from a legal as well as from an economic-financial point of view, and not least in a political perspective. This book follows up the workshop that was held at the University of Florence on 9-10 December 2021 and collects original contributions from promising or acclaimed, leading experts on sanctions. Each part of the book is devoted to three main themes: legality and legitimacy; extraterritorial implications; and effectiveness. These parts consist of a “dialogue” between experts from different fields. The book explores the legal basis of sanctions and how this impacts their legitimacy and the perception of their legitimacy. It considers the complex implications of the extraterritorial effects that sanctions often produce or are even intended to produce, as well as how effective they are in relation to different underlying aims. It is hardly possible to tackle such key questions through a unique disciplinary lens. This book thus represents an invitation to scholars, experts and decision-makers to adopt an interdisciplinary approach that can no longer be eluded.




International Trade Law


Book Description

Multilateral trade negotiations through the 1970s -- The Uruguay round (1986-94) and birth of the WTO (1995) -- The DOHA round: launch amidst schisms (November 2001? August 2004) -- The DOHA round: intricate negotiations and results (August 2004? December 2007) -- Adjudication mechanisms -- Adjudication controversies -- Free trade theory -- Questioning free trade theory -- Trade patterns and factors of production -- Economics of trade barriers -- The first pillar: MFN treatment and GATT article I -- The second pillar: bindings and GATT article II -- The third pillar: national treatment and GATT article III -- The fourth pillar: non-tariff barriers and GATT article XI -- Administering quantitative restrictions and GATT article XIII -- Origin and entry -- Tariff classification -- Tariff valuation -- Trade controls -- Border security -- Economics aspects of FTAS -- Political and security aspects of FTAS -- Multilateral disciplines on FTAS -- Preferential rules of origin -- Typical FTA obligations: market access -- Typical fta obligations: further commitments -- Historical and economic foundations of AD law -- Procedures -- The dumping margin calculation -- Adjustments to normal value -- Adjustments to export price and constructed export price -- Dumping margin calculation controversies -- Historical and economic foundations of CVD law -- The subsidy determination -- Injury -- Causation -- Safeguards -- Trade retaliation -- Trade policies, growth, and poverty -- Special and differential treatment -- Preferential programs -- Trade and labor -- The jurisprudence of GATT article -- SPS measures -- Market access -- Domestic support and export subsidies -- Services trade negotiations -- Substantive services trade obligations -- Interests and obligations -- Enforcement.







A Strategic Understanding of UN Economic Sanctions


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.




Research Handbook on Unilateral and Extraterritorial Sanctions


Book Description

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.




A Comparative Appraisal of Normative Power


Book Description

In A Comparative Appraisal of Normative Power Ville Sinkkonen constructs a three-pronged analytical framework for the analysis of normative power, a theoretical concept recently associated with studying the international role of the European Union. This toolkit allows him to compare the foreign policy conduct of the EU and the United States in the context of the January 25th, 2011 Revolution in Egypt along three dimensions: ‘norms and identity’, ‘means’ and ‘paradoxes’. These components permit an in-depth analysis of Western norm promotion in the midst of the upheaval, building on a large pool of source documents. The monograph broadens the remit of normative power through its empirical bent, comparative research set-up and focus on a swiftly unfolding revolution/transition complex. In the process, the prevalent discourse of the EU as a benign international actor is subjected to rigorous analytical scrutiny.




Targeted Sanctions


Book Description

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




International Law


Book Description

International Law: Norms, Actors, Process: A Problem-Oriented Approach , now in its Third Edition , uses an interdisciplinary approach and real-world problems to illustrate the law in action and encourage students to think more deeply about global




The Cambridge Handbook of Competition Law Sanctions


Book Description

This handbook brings together an international roster of competition law scholars and practitioners to address the issue of sanctions in competition law from all angles. Covering nineteen jurisdictions around the world, the book analyzes the theoretical foundations and practice of sanctioning competition law infringements and, most importantly, cartels. Contributors include a range of experts drawing on criminal law, company law, labor law, human rights, and law and economics, to determine what sanctions are available as a matter of positive law against corporations and individuals, including fines and other criminal, administrative, and civil law sanctions; whether law enforcers are using these sanctions effectively; and if new sanctions – including individual sanctions – should be introduced.




Innovative Flanders


Book Description

Recognizing that innovation is the key to international competitiveness in the 21st century, policymakers around the world are seeking more effective ways to translate scientific and technological knowledge into new products, processes, and businesses. They have initiated major programs, often with substantial funding, that are designed to attract, nurture, and support innovation and high-technology industries within their national economies. To help U.S. policymakers become more aware of these developments, a committee of the National Academies' Board on Science, Technology, and Economic Policy undertook a review of the goals, concept, structure, operation, funding levels, and evaluation efforts of significant innovation programs around the world. As a part of this effort, the committee identified Flanders, a region of Belgium with substantial autonomy, which is recognized for its comprehensive approach to innovation. Based on initial meetings in Washington and Brussels, and with the endorsement of Flanders Vice Minister-President Fientje Moerman, it was agreed to organize a conference that would review regional innovation policies in the context of the policies and programs of the Flanders government, and their interaction with those of the European Union. This book provides a summary of that symposium.