"Economic sanctions are an instrument of foreign policy. They may, however, affect the legal - first of all contractual - relations between private parties. In such a case, the court or arbitration tribunal seized has to decide whether to give effect or not to the economic sanction. It is private international law that functions as a 'filter' and transmits economic sanctions having a public law origin to the realm of private law. The aim of this book is to examine how private international law rules can influence the enforcement of economic sanctions and the related foreign policy objectives. A coherent EU foreign policy position as well as legal certainty and predictability would suppose a uniform approach not only concerning the economic sanctions of the EU, but also with regard to the restrictive measures imposed by third countries. However, if we examine in detail the application of economic sanctions by the courts of the Member States and arbitral tribunals, we find a somewhat different picture. It will become obvious that one of the reasons for this is the divergence of the private international law approaches in the Member States"--

The Centre for Studies and Research in International Law and International Relations forms part of the Hague Academy of International Law, and operates under the authority of its managing board and within the framework of its teaching. The Centre was established to further in-depth research in the area of international law. The topic for 2000 was Economic Sanctions in International Law. The contents of this volume include: - Bilan de recherches de la section de langue francaise du Centre d'etude et de recherche de l'Academie, par L.-A. Silianos, professeur a l'Universite d'Athenes. - The Present State of Research carried out by the English speaking Section of the Centre for Studies and Research, by Mrs. L. Picchio Forlati, Professor of the University of Venice. - Annex. List of Participants and Subjects Treated. - The Centre for Studies and Research in International Law and International Relations of The Hague Academy of International Law.

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.

Providing perspectives from a range of experts, including international lawyers, political scientists, and practitioners, this book assesses current theory and practice of economic sanctions, discussing current legal and political challenges faced by the international community. It examines both the implementation of sanctions by major powers – the United States, the European Union, and Japan – as well as assessing the impact of those sanctions through case studies of Russia, Iran, Syria, and North Korea. Balancing theoretical analysis of legal considerations with national and regional level empirical analysis, it also includes coverage of sanctions issues by the UN Security Council and the EU, as well as the extraterritorial application of sanctions. A valuable reference for academics and practitioners, Economic Sanctions in International Law and Practice will be useful to those working in the fields of international law, diplomacy, and international political economy.

Economic sanctions are instruments of foreign policy. However, they can also affect legal relations between private parties – principally in contract. In such cases, the court or arbitration tribunal seized must decide whether to give effect to the economic sanction in question. Private international law functions as a 'filter', transmitting economic sanctions that originate in public law to the realm of private law. The aim of this book is to examine how private international law rules can influence the enforcement of economic sanctions and their related foreign policy objectives. A coherent EU foreign policy position – in addition to promoting legal certainty and predictability – would presuppose a uniform approach not only concerning the economic sanctions of the EU, but also with regard to the restrictive measures imposed by third countries. However, if we examine in detail the application of economic sanctions by Member States' courts and arbitral tribunals, we find a somewhat different picture. This book argues that this can be explained in part by the divergence of private international law approaches in the Member States.

The European Union is committed to achieving the goal of creating a network of instruments that will comprehensively cover almost all the aspects of private international law. This will significantly affect the freedom of national legislators to undertake their law-making tasks. However, these two proceedings should not be contrary. As this book demonstrates, European harmonization is being developed from the feedback of the national experiences. The book is the outcome of theoretical and practical research carried out by a group of legal experts from different specialties and jurisdictions. It includes several contributions in the fields of the recently adopted instruments of private international law (e.g., mediation in civil and commercial matters, maintenance obligations, or conflict of law rules on divorce), some national experiences when applying these instruments (in particular in the new EU Member States), and also, the ongoing works in order to review some current instruments (Brussels I) or to approve new ones (e.g., successions or matrimonial property regimes). In conclusion, the book offers an updated and critical contribution to the huge common task of elaboration of a European private international law adopted by the EU institutions.

The role of the EC in international relations is an area of increasing importance. Its legal implications are the subject of much controversy and debate. This text provides an up to date account of the law and practice of the external relations of the EC and its relationship with international, community and national law.

The growing use of U.S. and multilateral economic sanctions--and the increasing and controversial attention such measures are attracting internationally--create a need for a detailed legal analysis of the subject and its policy implications for both U.S. practitioners and their counterparts in other countries. The expanding field of sanctions is especially worthy of close scrutiny as it generates significant (and often inadvertent) influence on finance and trade. Increasingly, lawyers and business people involved in international transactions must take account of the risks, both actual and potential, inherent in compliance with economic sanctions on trading partners. This major new work, a completely revised successor edition to the author's much-cited Economic Sanctions and U.S. Trade, shifts the main emphasis from the mechanics of applying foreign policy objectives to a careful and complete articulation of what those goals are or ought to be--an approach that leads inevitably to a concrete methodology for assessing the effectiveness of sanctions. In the process the book examines such salient characteristics of the current and developing sanctions regime as the following: the growing prominence of U.S. Congressionally-mandated sanctions programs; the complex interaction of economic sanctions and trade policy; and the marked increase in multilateral sanctions programs in which the U.S. is a participant. In-depth analysis of major U.S. sanctions programs (those imposed on Cuba, Libya, and Iraq, as well as several other lesser programs) presents numerous hypothetical but realistic international scenarios, demonstrating their working-out under the practical application of specific elements of each sanctions program.