Full 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.
Contents
Foreword; Preface; 1. 'Community interests' as an appropriate legal basis for the implementation of unilateral targeted measures; 2. Examining the legality of EU restrictive measures on the Russian Federation: the information gathering process in sanction imposition; 3. The elephant in the room: legitimacy and (de)legitimation of international sanctions; 4. Unilateral sanctions as a challenge to the international legal order; 5. The jurisdictional intricacies of secondary sanctions consisting of access restrictions; 6. Unilateral sanctions and extraterritorial obligations in the area of economic, social and cultural rights; 7. The political-economic impact of sanctions: a comparative analysis of the cases of Russia and Iran; 8. "A farewell to arms": arms embargo busting and the challenges of arms export harmonization; 9. Democratic sanctions in Africa. A reassessment of their selective and inconsistent use across multiple senders; 10. Human rights-specific sanctions' contribution to human rights; 11. Conclusions
