Research Handbook on UN Sanctions and International Law

Name: Research Handbook on UN Sanctions and International Law
Author: Edited by Larissa van den Herik

9781784713027 Edward Elgar Publishing

Research Handbooks in International Law series

Edited by Larissa van den Herik, Leiden Law School, Leiden University, the Netherlands

Publication Date: 2017 ISBN: 978 1 78471 302 7 Extent: 544 pp

Since the end of the Cold War we have witnessed an unprecedented intensification of the use of sanctions by the UN Security Council. This study of the current practice of UN sanctions in international law includes the different types of UN sanctions regimes, notably counter-terrorism regimes, counter-proliferation regimes and conflict-resolution regimes. It covers their interrelationship with other regimes and substantive areas of law, as well as issues arising from their implementation and application at the domestic level.

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The twenty-five years following the conclusion of the Cold War witnessed an unprecedented intensification of the usage of UN sanctions. This Research Handbook maps how UN sanctions multiplied and diversified during this period and analyses the substantive and procedural transformations to UN sanctions regimes, through the lens of international law.

Expert contributors explore different types of UN sanctions regimes, most notably counter-terrorism regimes, counter-proliferation regimes and conflict-resolution regimes. They trace developments across these regimes, such as increased references to international legal standards in sanctions design and procedure as well as interplays with other processes and informal arrangements. Key chapters also specifically examine synergies between UN sanctions and unilateral measures and explore the different legal frameworks that shape and govern these respective regimes. Offering a holistic study of UN sanctions, this Research Handbook identifies cross-cutting issues and common challenges in order to provide an outlook on the future of UN sanctions in a 21st century setting.

Comprehensive and engaging, students and scholars of international law and human rights law, as well as international relations more widely, will find this book an essential companion. Its forward-thinking approach will also benefit legal practitioners at the UN, other international organisations and law firms.

Critical Acclaim

‘Taking stock of 25 years of UN sanctions, this Research Handbook offers new perspectives on one of international law''s “evergreen” topics. Whereas much of the literature on sanctions is too fine-grained and technical, this Research Handbook combines detailed assessments of particular sanctions regimes with a high-level analysis of the main developments in UN practice. A very welcome addition to the Elgar Research Handbook series!’
– Christian J. Tams, University of Glasgow, UK

‘The Research Handbook merits commendation for its thorough analysis of a phenomenon that is still an object of controversy and contrasting evaluations.’
– Natalino Ronzitti, Italian Yearbook of International Law

Contributors

Contributors: M. Azeredo da Silveira, K.E. Boon, A. Broodryk, C. Cai, D. Dam-de Jong, E. De Brabandere, A. du Plessis, P.-E. Dupont, S.E. Eckert, W. Ferdinandusse, L. Ginsborg, M. Happold, D. Holloway, D. Hovell, D.H. Joyner, M. Kanetake, J.I. Levitt, A.D. Mitchell, P. Nevill, K. Prost, P. Rademakers, A. Rodiles, T. Ruys, M. Sossai, L. van den Herik

Contents

Contents:

Introduction

1. The individualization and formalization of UN sanctions
Larissa van den Herik

Part I Conceptualization and effectiveness of UN sanctions
2. Sanctions, retortions and countermeasures: concepts and international legal framework
Tom Ruys

3. The evolution and effectiveness of UN targeted sanctions
Sue E. Eckert

Part II The functions of UN sanctions
4. UN sanctions and counter-terrorism strategies: moving towards thematic sanctions against individuals?
Lisa Ginsborg

5. UN counter-proliferation sanctions and international law
Daniel H. Joyner

6. UN sanctions as human rights and humanitarian law devices
Matthew Happold

7. UN natural resources sanctions regimes: incorporating market-based responses to address market-driven problems
Daniëlla Dam-de Jong

Part III Design and procedure governing UN sanctions
8. The design of UN sanctions through the interplay with informal arrangements
Alejandro Rodiles

9. Glasnost in the Security Council: the value of transparency
Devika Hovell

10. Security Council sanctions and fair process
Kimberly Prost

11. Timing matters: termination policies for UN sanctions
Kristen E. Boon

Part IV Interplay with other regimes
12. UN sanctions and international financial institutions
Pierre-Emmanuel Dupont

13. Sanctions and the World Trade Organization
Andrew D. Mitchell

14. Sanctions and international arbitration
Eric De Brabandere and David Holloway

15. Economic sanctions and contractual disputes between private operators
Mercédeh Azeredoh da Silveira

16. The prosecution of sanctions busters
Ward Ferdinandusse and Pieter Rademakers

Part V Regional perspectives
17. UN sanctions and regional organizations: an analytical framework
Mirko Sossai

18. Interpretation and review of UN sanctions by European courts: comity and conflict
Penelope Nevill

19. Chinese and Japanese perspectives on UN sanctions
Machiko Kanetake and Congyan Cai

20. African perceptions of UN sanctions
Amelia Broodryk and Anton du Plessis

21. UN sanctions and peace construction in West Africa
Jeremy I. Levitt

Index