Unilateral Sanctions in International Law and the Enforcement of Human Rights: The Impact of the Principle of Common Concern of Humankind: World Trade Institute Advanced Studies, cartea 9
Autor Iryna Bogdanovaen Limba Engleză Hardback – 6 iul 2022
Are unilateral economic sanctions legal under public international law? How do they relate to the existing international legal principles and norms? Can unilateral economic sanctions imposed to redress grave human rights violations be subjected to the same legal contestations as other unilateral sanctions? What potential contribution can the recently formulated doctrine of Common Concern of Humankind make by introducing substantive and procedural prerequisites to legitimise unilateral human rights sanctions? Unilateral Sanctions in International Law and the Enforcement of Human Rights by Iryna Bogdanova addresses these complex questions while taking account of the burgeoning state practice of employing unilateral economic sanctions.
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Specificații
ISBN-13: 9789004507883
ISBN-10: 9004507884
Pagini: 350
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria World Trade Institute Advanced Studies
ISBN-10: 9004507884
Pagini: 350
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria World Trade Institute Advanced Studies
Notă biografică
Iryna Bogdanova holds a Ph.D. degree (2020) from the World Trade Institute, University of Berne. She has published contributions analysing various aspects of economic statecraft, legality of economic sanctions, national security exceptions in international economic law and regulation of emerging technologies.
Cuprins
Acknowledgements
List of Tables
List of Abbreviations
Introduction
part 1
The History, Effectiveness and Legality of Unilateral Economic Sanctions
1The History and Effectiveness of Economic Coercion
1 The History of Economic Coercion: From Economic Warfare to the Enforcement of Community Interests
1.1Economic Coercion before the Twentieth Century
1.2Economic Sanctions in the Covenant of the League of Nations and Their Application in the Interwar Period
1.3Economic Sanctions after World War ii
1.4The “Sanctions Decade” and the Quest for “Smart” Sanctions
1.5The War against Terrorism and the UN Security Council’s Targeted Sanctions
1.6The Increased Use of Unilateral Economic Sanctions and a New Geo-Economic World Order
2 The Effectiveness of Economic Sanctions
2.1The Objectives Pursued by Economic Sanctions
2.2The Debate on the Effectiveness of Economic Sanctions
2.3Strategies for Circumventing the Negative Effects of Economic Sanctions
3 Conclusion
2The Legality of Unilateral Economic Sanctions under Public International Law
1 Unilateral Economic Sanctions: In Search of Definitional Clarity
1.1Retorsion
1.2Reprisals
1.3Countermeasures
1.4Third-Party Countermeasures (Solidarity Measures, Countermeasures in the Collective Interest)
1.5Sanctions
2 The Legality of Unilateral Economic Sanctions under the Charter of the United Nations
2.1Unilateral Economic Sanctions as a Use of Force under Article 2(4)
2.2Unilateral Economic Sanctions as a Violation of the Principle of Non-intervention
3 The Legality of Unilateral Economic Sanctions under the Draft Articles on Responsibility of States for Internationally Wrongful Acts
3.1Unilateral Economic Sanctions as Countermeasures
3.2Unilateral Economic Sanctions as Third-Party Countermeasures
4 Unilateral Economic Sanctions and Established Principles of Jurisdiction in International Law
4.1Jurisdiction in International Law
4.2Secondary Sanctions and Their Extraterritorial Reach
4.3Types of Primary and Secondary Unilateral Sanctions that Face a Significant Risk of Being Classed as Extraterritorial
5 Jurisdiction and the Imposition of Unilateral Financial Sanctions
5.1The Era of Financial Warfare
5.2Unilateral Financial Sanctions and Jurisdiction
5.3Correspondent Account-Based Jurisdiction: A New Rule for Ascertaining Jurisdiction
6 Unilateral Economic Sanctions and the Immunities of States and State Officials
6.1Blocking the Property of Central Banks and State-Owned Enterprises
6.2Blocking of Property and Travel Restrictions Applicable to Heads of States and Other High-Ranking Government Officials
7 Unilateral Economic Sanctions and wto Law
7.1Import Restrictions
7.2Export Restrictions
7.3Restrictions on Traffic in Transit and Goods in Transit
7.4The Freezing of Assets and Restrictions on Financial Transactions
7.5Visa Restrictions
7.6Secondary Sanctions and Their Compatibility with wto Law
8 Conclusion
part 2
The International Enforcement of Human Rights and the Legality of Unilateral Human Rights Sanctions
3The International Enforcement of Human Rights
1 Human Rights Treaties and Enforcement Mechanisms
1.1The Core Human Rights Treaties: A Short Review
1.2Reporting Obligation
1.3Mechanisms of Interstate Complaints
1.4Mechanisms for Individual Complaints
1.5Inquiry Procedure
1.6Dispute Settlement Provisions and the Role of the International Court of Justice
1.7The Deficiencies of Treaty-Based Enforcement Mechanisms
2 Enforcement of Human Rights That Have Acquired a Special Status
2.1Jus Cogens
2.2Obligations Erga Omnes
3 The Role of the Human Rights Council in the International Protection of Human Rights
4 The Role of the UN Security Council in Responding to Atrocities
4.1Humanitarian Intervention and Responsibility to Protect (R2P)
4.2Collective Economic Sanctions
5 Conclusion
4The Legality of Unilateral Economic Sanctions Imposed to Redress Human Rights Violations
1 Human Rights Sanctions and the Principle of Non-intervention
2 Economic Sanctions Targeting Human Rights Violations and the Draft Articles on Responsibility of States for Internationally Wrongful Acts
3 Economic Sanctions Targeting Human Rights Violations and the Immunities of Heads of States and Other High-Ranking Government Officials
4 Economic Sanctions Imposed on Human Rights Grounds and wto Law
4.1Justification under the Public Morals Exception
4.2Justification under the National Security Exception
5 Conclusion
part 3
The Contribution of the Doctrine of Common Concern of Humankind to the International Protection of Human Rights
5The Doctrine of the Common Concern of Humankind and Its Contribution to Enhancing Human Rights Protection
1 The Evolution of the Doctrine of the Common Concern of Humankind
2 The Suggested Normative Implications of the Principle of the Common Concern of Humankind
2.1Duty to Cooperate
2.2Obligation to Do One’s Homework
2.3Securing Compliance
3 The Introduction of the Doctrine of Common Concern of Humankind into International Human Rights Law
3.1The Reasons behind States’ Abuses of Human Rights
3.2The Concept of the Essence of Human Rights (Kerngehalt) as a Threshold to Define Human Rights as a “Common Concern”
3.3Systematic Human Rights Violations as an Additional Criterion
3.4Grave Human Rights Violations as a Threat to International Peace and Security
4 The Potential of the Principle of the Common Concern of Humankind in International Human Rights Law
4.1Reinforced Duty to Cooperate
4.2The Domestication of International Human Rights Obligations
4.3An Instrument for Providing Legality and Legitimacy to Unilateral Economic Sanctions
4.4An Instrument to Empower Civil Society
5 Conclusion
Conclusion
Bibliography
Index
List of Tables
List of Abbreviations
Introduction
part 1
The History, Effectiveness and Legality of Unilateral Economic Sanctions
1The History and Effectiveness of Economic Coercion
1 The History of Economic Coercion: From Economic Warfare to the Enforcement of Community Interests
1.1Economic Coercion before the Twentieth Century
1.2Economic Sanctions in the Covenant of the League of Nations and Their Application in the Interwar Period
1.3Economic Sanctions after World War ii
1.4The “Sanctions Decade” and the Quest for “Smart” Sanctions
1.5The War against Terrorism and the UN Security Council’s Targeted Sanctions
1.6The Increased Use of Unilateral Economic Sanctions and a New Geo-Economic World Order
2 The Effectiveness of Economic Sanctions
2.1The Objectives Pursued by Economic Sanctions
2.2The Debate on the Effectiveness of Economic Sanctions
2.3Strategies for Circumventing the Negative Effects of Economic Sanctions
3 Conclusion
2The Legality of Unilateral Economic Sanctions under Public International Law
1 Unilateral Economic Sanctions: In Search of Definitional Clarity
1.1Retorsion
1.2Reprisals
1.3Countermeasures
1.4Third-Party Countermeasures (Solidarity Measures, Countermeasures in the Collective Interest)
1.5Sanctions
2 The Legality of Unilateral Economic Sanctions under the Charter of the United Nations
2.1Unilateral Economic Sanctions as a Use of Force under Article 2(4)
2.2Unilateral Economic Sanctions as a Violation of the Principle of Non-intervention
3 The Legality of Unilateral Economic Sanctions under the Draft Articles on Responsibility of States for Internationally Wrongful Acts
3.1Unilateral Economic Sanctions as Countermeasures
3.2Unilateral Economic Sanctions as Third-Party Countermeasures
4 Unilateral Economic Sanctions and Established Principles of Jurisdiction in International Law
4.1Jurisdiction in International Law
4.2Secondary Sanctions and Their Extraterritorial Reach
4.3Types of Primary and Secondary Unilateral Sanctions that Face a Significant Risk of Being Classed as Extraterritorial
5 Jurisdiction and the Imposition of Unilateral Financial Sanctions
5.1The Era of Financial Warfare
5.2Unilateral Financial Sanctions and Jurisdiction
5.3Correspondent Account-Based Jurisdiction: A New Rule for Ascertaining Jurisdiction
6 Unilateral Economic Sanctions and the Immunities of States and State Officials
6.1Blocking the Property of Central Banks and State-Owned Enterprises
6.2Blocking of Property and Travel Restrictions Applicable to Heads of States and Other High-Ranking Government Officials
7 Unilateral Economic Sanctions and wto Law
7.1Import Restrictions
7.2Export Restrictions
7.3Restrictions on Traffic in Transit and Goods in Transit
7.4The Freezing of Assets and Restrictions on Financial Transactions
7.5Visa Restrictions
7.6Secondary Sanctions and Their Compatibility with wto Law
8 Conclusion
part 2
The International Enforcement of Human Rights and the Legality of Unilateral Human Rights Sanctions
3The International Enforcement of Human Rights
1 Human Rights Treaties and Enforcement Mechanisms
1.1The Core Human Rights Treaties: A Short Review
1.2Reporting Obligation
1.3Mechanisms of Interstate Complaints
1.4Mechanisms for Individual Complaints
1.5Inquiry Procedure
1.6Dispute Settlement Provisions and the Role of the International Court of Justice
1.7The Deficiencies of Treaty-Based Enforcement Mechanisms
2 Enforcement of Human Rights That Have Acquired a Special Status
2.1Jus Cogens
2.2Obligations Erga Omnes
3 The Role of the Human Rights Council in the International Protection of Human Rights
4 The Role of the UN Security Council in Responding to Atrocities
4.1Humanitarian Intervention and Responsibility to Protect (R2P)
4.2Collective Economic Sanctions
5 Conclusion
4The Legality of Unilateral Economic Sanctions Imposed to Redress Human Rights Violations
1 Human Rights Sanctions and the Principle of Non-intervention
2 Economic Sanctions Targeting Human Rights Violations and the Draft Articles on Responsibility of States for Internationally Wrongful Acts
3 Economic Sanctions Targeting Human Rights Violations and the Immunities of Heads of States and Other High-Ranking Government Officials
4 Economic Sanctions Imposed on Human Rights Grounds and wto Law
4.1Justification under the Public Morals Exception
4.2Justification under the National Security Exception
5 Conclusion
part 3
The Contribution of the Doctrine of Common Concern of Humankind to the International Protection of Human Rights
5The Doctrine of the Common Concern of Humankind and Its Contribution to Enhancing Human Rights Protection
1 The Evolution of the Doctrine of the Common Concern of Humankind
2 The Suggested Normative Implications of the Principle of the Common Concern of Humankind
2.1Duty to Cooperate
2.2Obligation to Do One’s Homework
2.3Securing Compliance
3 The Introduction of the Doctrine of Common Concern of Humankind into International Human Rights Law
3.1The Reasons behind States’ Abuses of Human Rights
3.2The Concept of the Essence of Human Rights (Kerngehalt) as a Threshold to Define Human Rights as a “Common Concern”
3.3Systematic Human Rights Violations as an Additional Criterion
3.4Grave Human Rights Violations as a Threat to International Peace and Security
4 The Potential of the Principle of the Common Concern of Humankind in International Human Rights Law
4.1Reinforced Duty to Cooperate
4.2The Domestication of International Human Rights Obligations
4.3An Instrument for Providing Legality and Legitimacy to Unilateral Economic Sanctions
4.4An Instrument to Empower Civil Society
5 Conclusion
Conclusion
Bibliography
Index