Search: extraterritorial sanctions

Charlotte Beaucillon asks whether unilateral and extraterritorial sanctions are “the new normal” (Introduction: 9). Judging from the vast span of unilateral sanctions, the answer would appear to be yes. An oft-quoted estimation holds that more than one third of the world’s population lives in a country targeted by unilateral sanctions (e.g. OHCHR 2015). The extraterritorial reach of sanctions, additionally, has made the price of neutrality vis-à-vis the sanctions of others too high for even sanctions skeptics to stomach (this would be a supplementary interpretation of India’s adaptation to US sanctions,...

[Charlotte Beaucillon is a professor of European and public international law at Université de Lille.] Impact on Economic Operators: Promising Paths from Macro-economy to Human Rights Diligence Part III of the Research Handbook on Unilateral and Extraterritorial Sanctions is devoted to the impact of unilateral and extraterritorial sanctions on economic operators: they are the main addressees of the legal injunctions contained in unilateral and extraterritorial sanctions, which now generally take the form of economic sanctions – whether sectoral or individual (on this distinction, see the Research Handbook Introduction, pp. 1...

...Handbook on Unilateral and Extraterritorial Sanctions that Beaucillon has edited, and that has been published by Edgar Elgar Publishers. Answering this question is a herculean task given the definitional challenge and the rise of informal sanctions. Unilateral sanctions come in all shapes and forms and they are imposed for an ever wider variety of purposes. Their legality mostly depends on the web of bilateral and multilateral obligations that mutually apply between the sender and recipient of the sanctions. Sanctions are often formal and based on an explicit domestic legal regime,...

operators increasingly deal with risks associated to falling within the scope of economic sanctions as risks for their business activities. Accordingly, they use to address these risks by integrating “unilateral sanctions into their compliance programmes” (Charlotte Beaucillon, Introduction: 13). The combination of these factors is apt to lead, inter alia, to the so-called phenomenon of ‘overcompliance’ to unilateral and extraterritorial sanctions. Part III of the Research Handbook on Unilateral and Extraterritorial Sanctions edited by Charlotte Beaucillon serves as an excellent starting point for deconstructing and exploring major challenges that economic...

...insights to each of these themes and provide further food for thought. It remains to be seen what the latest crisis in Russia-Western relations will bring, and how it will contribute to the development of international law on sanctions. Since 2014, Western sanctions and Russian countersanctions have caused economic damage and allowed both parties to send political signals. Nevertheless, neither “Western sanctions nor Russian countersanctions have changed the political course and behaviour of the two sides, though sanctions themselves have caused harm to both” (Ivan N. Timofeev, chapter 6: 90)....

of multilateral sanctions decided by the UN Security Council. Nevertheless, we have probably collectively put our finger on a new subject of collective study that is – for the time being – less addressed by doctrine. Respect for International Law: The Need for a Stronger Stance on Unilateral and Extraterritorial Sanctions The second part of the Research Handbook on Unilateral and Extraterritorial Sanctions is devoted to the analysis of unilateral and extraterritorial sanctions from the point of view of a series of rules and principles of public international law that...

to establish linkages between unilateral extraterritorial sanctions, the concept of overcompliance and demonstrate applications to well-known theories and empirical results in international economics. One possible avenue for future empirical work is to quantify the extent to which extraterritorial sanctions impact international trade and FDI between the sender, target, and third countries. A challenge in this regard is developing a systematic overview of (the design of) extraterritorial sanctions. Second, the rapid rise of fragmented global supply-chains imposes a substantial monitoring cost on economic operators determined to be compliant with extraterritorial sanctions....

individuals (ibid). As he ably explains, in relation to sanctions in States such as Syria and Venezuela, it is difficult to extricate the homemade misery from that caused by extraterritorial sanctions: while, on the one hand, sanctions clearly contribute to the aggravation of an already precarious human rights situation, he says, “one cannot claim that sanctions have caused the current humanitarian crisis in Syria or that they are responsible for the collapse of the Venezuelan economy”(ibid 399). Against that background, it may, as he comes close to implying, well be...

of unilateral coercive sanctions with human rights objectives. The introduction of targeted sanctions by the Security Council in 1992 exemplifies the point. The design and implementation of “intelligent sanctions” to avoid devastating humanitarian consequences of comprehensive sanctions has become progressively sophisticated, especially in combating financial support for terrorism. The ethical, theoretical, and practical benefits of this move may appear obvious (see Portela, chapter 25). However, imposition of sanctions against individuals and non-state actors, rather than states, negatively impacts well-established human rights (see also here) and other international law rules. Responding...

UNSC sanctions and have also imposed sanctions as part of regional intergovernmental organizations (RIOs). Latin American peoples, governments, companies, and individuals have also been targets of sanctions as the infamous case of Haiti in 1991, the longstanding US embargo against Cuba, or the most recent combined sanction regimes against Venezuela and Nicaragua testify. As the chapters in the Handbook clearly illustrate, sanctions are social relations between senders, targets, and audiences. Most of the large literature on international sanctions has focused on the diverse aspects of the senders/targets side of the...

settlement between Russia and Ukraine thus needs to include provisions on existing sanctions, the easing or removal of sanctions, the imposition of future sanctions, as well as management and repurposing of assets. Ideally, a standing authoritative body would be established specifically regarding sanctions.  The development of a claims commission or other similar body to govern reparations or restitution should implement matters of sanctions and frozen assets and have provisions that take these matters into account. The Authors note the concurrently published article in the Ukraine Peace Settlement Project, and recommend...

the Russian Federation, which itself has been blamed for destructive cyber-attacks and targeted by unilateral cyber sanctions.  This contribution proceeds in three parts. First, cyber sanctions are defined and their scope under the existing domestic cyber sanctions frameworks are analysed. Second, a succinct overview of how cyber sanctions have been used so far is presented. Finally, we explore what a future International Cybercrime Treaty may mean for the legality of cyber sanctions, both under international law as well as under WTO and investment law.  What are Cyber Sanctions?  The existing...