United Nations Sanctions And The Rule Of Law

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United Nations Sanctions and the Rule of Law

Author : Jeremy Matam Farrall
Publisher : Cambridge University Press
ISBN 13 : 9780521141987
Total Pages : 574 pages
Book Rating : 4.1/5 (419 download)

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Book Synopsis United Nations Sanctions and the Rule of Law by : Jeremy Matam Farrall

Download or read book United Nations Sanctions and the Rule of Law written by Jeremy Matam Farrall and published by Cambridge University Press. This book was released on 2009-07-09 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

United Nations Sanctions and International Law

Author : Vera Gowlland-Debbas
Publisher : BRILL
ISBN 13 : 9004502874
Total Pages : 422 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis United Nations Sanctions and International Law by : Vera Gowlland-Debbas

Download or read book United Nations Sanctions and International Law written by Vera Gowlland-Debbas and published by BRILL. This book was released on 2021-11-15 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Rule of Law in the United Nations Security Council Decision-Making Process

Author : Sherif Elgebeily
Publisher : Routledge
ISBN 13 : 1315413434
Total Pages : 221 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis The Rule of Law in the United Nations Security Council Decision-Making Process by : Sherif Elgebeily

Download or read book The Rule of Law in the United Nations Security Council Decision-Making Process written by Sherif Elgebeily and published by Routledge. This book was released on 2017-03-31 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Security Council is entrusted under the UN Charter with primary responsibility for the maintenance and restoration of the international peace; it is the only body with the power to authorise military intervention legally and impose international sanctions where it decides. However, its decision-making process has hitherto been obscure and allegations of political bias have been made against the Security Council in its responses to potential international threats. Despite the rule of law featuring on the Security Council’s agenda for over a decade and a UN General Assembly declaration in 2012 establishing that the rule of law should apply internally to the UN, the Security Council has yet to formulate or incorporate a rule of law framework that would govern its decision-making process. This book explains the necessity of a rule of law framework for the Security Council before analysing existing literature and UN documents on the domestic and international rule of law in search of concepts suitable for transposition to the arena of the Security Council. It emerges with eight core components, which form a bespoke rule of law framework for the Security Council. Against this framework, the Security Council’s decision-making process since the end of the Cold War is meticulously evaluated, illustrating explicitly where and how the rule of law has been undermined or neglected in its behaviour. Ultimately, the book concludes that the Security Council and other bodies are unwilling or unable adequately to regulate the decision-making process against a suitable rule of law framework, and argues that there exists a need for the external regulation of Council practice and judicial review of its decisions.

United Nations Sanctions and the Rule of Law

Author : Jeremy Matam Farrall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (656 download)

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Book Synopsis United Nations Sanctions and the Rule of Law by : Jeremy Matam Farrall

Download or read book United Nations Sanctions and the Rule of Law written by Jeremy Matam Farrall and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Farrall surveys the history of UN sanctions.

Strengthening the Rule of Law through the UN Security Council

Author : Jeremy Farrall
Publisher : Routledge
ISBN 13 : 1317338391
Total Pages : 304 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Strengthening the Rule of Law through the UN Security Council by : Jeremy Farrall

Download or read book Strengthening the Rule of Law through the UN Security Council written by Jeremy Farrall and published by Routledge. This book was released on 2016-04-14 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Security Council formally acknowledged an obligation to promote justice and the rule of law in 2003. This volume examines the extent to which the Council has honoured this commitment when exercising its powers under the UN Charter to maintain international peace and security. It discusses both how the concept of the rule of law regulates, or influences, Security Council activity and how the Council has in turn shaped the notion of the rule of law. It explores in particular how this relationship has affected the Security Council’s three most prominent tools for the maintenance of international peace and security: peacekeeping, sanctions and force. In doing so, this volume identifies strategies for better promotion of the rule of law by the Security Council. This book will be of interest to scholars and students of international law, international relations, international development and peacekeeping.

National Implementation of United Nations Sanctions

Author : Vera Gowlland-Debbas
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004140905
Total Pages : 683 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis National Implementation of United Nations Sanctions by : Vera Gowlland-Debbas

Download or read book National Implementation of United Nations Sanctions written by Vera Gowlland-Debbas and published by Martinus Nijhoff Publishers. This book was released on 2004 with total page 683 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The International Rule of Law

Author : Heike Krieger
Publisher : Oxford University Press, USA
ISBN 13 : 0198843607
Total Pages : 401 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The International Rule of Law by : Heike Krieger

Download or read book The International Rule of Law written by Heike Krieger and published by Oxford University Press, USA. This book was released on 2019-08 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume examines the role of international law in a changing global order. Can we, under the current significantly changing conditions, still observe an increasing juridification of international relations based on a universal understanding of values? Or are we, to the contrary, facing a tendency towards an informalization or a reformalization of international law, or even an erosion of international legal norms? Would it be appropriate to revisit classical elements of international law in order to react to structural changes, which may give rise to a more polycentric or non-polar world order? Or are we simply observing a slump in the development towards an international rule of law based on a universal understanding of values? In eleven chapters, distinguished scholars reflect on how to approach these questions from historical, system-oriented and actor-centered perspectives. The contributions engage with the rise of European international law since the 17th century, the decay of the international rule of law, compliance as an indicator for the state of international law, international law and informal law-making in times of populism, the rule of environmental law and complex problems, human rights in Europe in a hostile environment, the influence of the BRICS states on international law, the impact of non-state actors on international law, international law's contribution to global justice, the contestation of value-based norms and the international rule of law in light of legitimacy claims.

Targeted Sanctions

Author : Thomas J. Biersteker
Publisher : Cambridge University Press
ISBN 13 : 1107134218
Total Pages : 423 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Targeted Sanctions by : Thomas J. Biersteker

Download or read book Targeted Sanctions written by Thomas J. Biersteker and published by Cambridge University Press. This book was released on 2016-03-17 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Systematically analyzes the impacts and the effectiveness of UN targeted sanctions over the past quarter century.

Research Handbook on UN Sanctions and International Law

Author : Larissa van den Herik
Publisher : Edward Elgar Publishing
ISBN 13 : 1784713031
Total Pages : 544 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on UN Sanctions and International Law by : Larissa van den Herik

Download or read book Research Handbook on UN Sanctions and International Law written by Larissa van den Herik and published by Edward Elgar Publishing. This book was released on 2017-07-28 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Procedure of the UN Security Council

Author : Loraine Sievers
Publisher : Oxford University Press, USA
ISBN 13 : 0199685290
Total Pages : 744 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Procedure of the UN Security Council by : Loraine Sievers

Download or read book The Procedure of the UN Security Council written by Loraine Sievers and published by Oxford University Press, USA. This book was released on 2014 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text is a revised edition and contains new material documenting the extensive and rapid innovations in the UN Security Council's procedures of the past two decades. It provides insight into the inside workings of the world's pre-eminent body for the maintenance of international peace and security. Grounded in the history and politics of the Council, it describes the ways the Council has responded through its working methods to a changing world. It explains the Council's role in its wider UN Charter context and examines its relations with other UN organs and its own subsidiary bodies.

Oppenheim's International Law: United Nations

Author : Rosalyn Higgins
Publisher : Oxford University Press
ISBN 13 : 0192537199
Total Pages : 1642 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Oppenheim's International Law: United Nations by : Rosalyn Higgins

Download or read book Oppenheim's International Law: United Nations written by Rosalyn Higgins and published by Oxford University Press. This book was released on 2017-10-12 with total page 1642 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.

Economic Sanctions and International Law

Author : Matthew Happold
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254730
Total Pages : 272 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Economic Sanctions and International Law by : Matthew Happold

Download or read book Economic Sanctions and International Law written by Matthew Happold and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years sanctions have become an increasingly popular tool of foreign policy, not only at the multilateral level (at the UN), but also regionally (the EU in particular) and unilaterally. The nature of the measures imposed has also changed: from comprehensive sanctions regimes (discredited since Iraq in the 1990s) to 'targeted' or 'smart' sanctions, directed at specific individuals or entities (through asset freezes and travel bans) or prohibiting particular activities (arms embargoes and export bans). Bringing together scholars, government and private practitioners, Economic Sanctions and International Law provides an overview of recent developments and an analysis of the problems that they have engendered. Chapters examine the contemporary practice of the various actors, and the legality (or otherwise) of their activities. Issues considered include the human rights of persons targeted, and the mechanisms established to challenge their listing; as well as, in cases of sanctions imposed by regional organisations and individual states, the rights of third States and their nationals. The book will be of interest to scholars and practitioners of international law and politics.

Economic Sanctions and American Diplomacy

Author : Richard Haass
Publisher : Council on Foreign Relations
ISBN 13 : 9780876092125
Total Pages : 240 pages
Book Rating : 4.0/5 (921 download)

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Book Synopsis Economic Sanctions and American Diplomacy by : Richard Haass

Download or read book Economic Sanctions and American Diplomacy written by Richard Haass and published by Council on Foreign Relations. This book was released on 1998 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law and Practice of the United Nations

Author : Simon Chesterman
Publisher : Oxford University Press
ISBN 13 : 0199399492
Total Pages : 793 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Law and Practice of the United Nations by : Simon Chesterman

Download or read book Law and Practice of the United Nations written by Simon Chesterman and published by Oxford University Press. This book was released on 2016 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In memory of Professor Thomas M. Franck"

Economic Sanctions under International Law

Author : Ali Z. Marossi
Publisher : Springer
ISBN 13 : 9462650519
Total Pages : 249 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Economic Sanctions under International Law by : Ali Z. Marossi

Download or read book Economic Sanctions under International Law written by Ali Z. Marossi and published by Springer. This book was released on 2015-03-03 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The United Nations Sanctions Policy & International Law

Author : Hans Köchler
Publisher :
ISBN 13 : 9789839861037
Total Pages : 47 pages
Book Rating : 4.8/5 (61 download)

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Book Synopsis The United Nations Sanctions Policy & International Law by : Hans Köchler

Download or read book The United Nations Sanctions Policy & International Law written by Hans Köchler and published by . This book was released on 1995 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The United Nations and the Rule of Law

Author : John W. Halderman
Publisher : Dobbs Ferry, N.Y. : Oceana Publications
ISBN 13 :
Total Pages : 266 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The United Nations and the Rule of Law by : John W. Halderman

Download or read book The United Nations and the Rule of Law written by John W. Halderman and published by Dobbs Ferry, N.Y. : Oceana Publications. This book was released on 1966 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Study of the legal aspects and powers of the UN - covers the quasi-legislative and judicial authority of the organisation through recommendations and collective measures, its function as the world court, and international law. Bibliography pp. 3 and 4.