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Matthew Happold (editor) - Economic Sanctions and International Law

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Matthew Happold (editor) Economic Sanctions and International Law

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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.

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Table of Contents

ECONOMIC SANCTIONS AND INTERNATIONAL LAW In recent years sanctions have become - photo 1

ECONOMIC SANCTIONS AND
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 prohibitions). 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.

Volume 62 in the series Studies in International Law

Studies in International Law

Recent titles in this series

Democratic Statehood in International Law: The Emergence of New States in Post-Cold War Practice

Jure Vidmar

International Law and the Construction of the Liberal Peace

Russell Buchan

The OIC, the UN, and Counter-Terrorism Law-Making: Conflicting or Cooperative Legal Orders?

Katja Samuel

Statelessness: The Enigma of the International Community

William E Conklin

The Reception of Asylum Seekers under International Law: Between Sovereignty and Equality

Lieneke Slingenberg

International Law and Child Soldiers

Gus Waschefort

The Contractual Nature of the Optional Clause

Gunnar Trber

Non-State Actors in International Law

Edited by Math Noortmann, August Reinisch and Cedric Ryngaert

The Rule of Law at the National and International Levels: Contestations and Deference

Edited by Machiko Kanetake and Andr Nollkaemper

Human Rights Obligations of Non-State Armed Groups

Daragh Murray

Security and International Law

Edited by Mary E Footer, Julia Schmidt and Nigel D White

For the complete list of titles in this series, see Studies
in International Law link at www.hartpub.co.uk/books/series.asp

Economic Sanctions and
International Law

Edited by

Matthew Happold and Paul Eden

Economic Sanctions and International Law - image 2

OXFORD AND PORTLAND, OREGON
2016

Hart Publishing

An imprint of Bloomsbury Publishing Plc

Hart Publishing Ltd

Kemp House

Chawley Park

Cumnor Hill

Oxford OX2 9PH

UK

Bloomsbury Publishing Plc

50 Bedford Square

London

WC1B 3DP

UK

www.hartpub.co.uk

www.bloomsbury.com

Published in North America (US and Canada) by
Hart Publishing
c/o International Specialized Book Services

920 NE 58th Avenue, Suite 300

Portland, OR 97213-3786

USA

www.isbs.com

HART PUBLISHING, the Hart/Stag logo, BLOOMSBURY and the
Diana logo are trademarks of Bloomsbury Publishing Plc

First published 2016

The editors

The editors have asserted their right under the Copyright, Designs and Patents Act 1988
to be identified as Authors of this work.

All rights reserved. No part of this publication may be reproduced or transmitted in any form or by
any means, electronic or mechanical, including photocopying, recording, or any information storage or
retrieval system, without prior permission in writing from the publishers.

While every care has been taken to ensure the accuracy of this work, no responsibility for loss or damage
occasioned to any person acting or refraining from action as a result of any statement in it can be
accepted by the authors, editors or publishers.

All UK Government legislation and other public sector information used in the work is Crown
Copyright . All House of Lords and House of Commons information used in the work is
Parliamentary Copyright . This information is reused under the terms of the Open
Government Licence v3.0 (http://www.nationalarchives.gov.uk/doc/open
government-licence/version/3) excepted where otherwise stated.

All Eur-lex materials used in the work is European Union,
http://eur-lex.europa.eu/, 19982015.

British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library.

ISBN:HB:978-1-84946-590-8

ePDF:978-1-78225-472-0

ePub:978-1-78225-473-7

Library of Congress Cataloging-in-Publication Data

Names: Happold, Matthew. | Eden, Paul, 1964

Title: Economic sanctions and international law / edited by Matthew Happold and Paul Eden.

Description: Oxford ; Portland, Oregon : Hart Publishing, 2016. | Series: Studies in
international law | Includes bibliographical references and index.

Identifiers: LCCN 2016020805 (print) | LCCN 2016021061 (ebook) | ISBN 9781849465908
(hardback : alk. paper) | ISBN 9781782254737 (Epub)

Subjects: LCSH: Economic sanctions. | Sanctions (International law)

Classification: LCC KZ6373 .E265 2016 (print) | LCC KZ6373 (ebook) | DDC 341.5/82dc23

LC record available at https://lccn.loc.gov/2016020805

Series: Studies in International Law, volume 62

Typeset by Compuscript Ltd, Shannon

Rachel Barnes is a barrister at 3 Raymond Buildings, London.

Pierre-Emmanuel Dupont is the head of Public International Law at the London Centre of International Law Practice.

Paul Eden is a Lecturer in Law at the University of Sussex.

Clemens A Feinugle is Coordinator of Scientific Research and a Senior Research Fellow at the Max Planck Institute for Procedural Law, Luxembourg.

Matthew Happold is Professor of Public International Law at the University of Luxembourg and a barrister at 3 Hare Court, London.

Penelope Nevill is a barrister at 20 Essex Street, London.

Alexander Orakhelashvili is a Senior Lecturer in Law at the University of Birmingham.

Luca Pantaleo is a Senior Researcher, International and EU Law, at the TMC Asser Institute, The Hague.

Antonios Tzanakopoulos is Associate Professor of Public International Law at the University of Oxford and a Fellow in Law at St Annes College.

European Court of First Instance

Bredenkamp and Others v Council and Commission (T-145/09)
Bredenkamp and Others v Council and Commission (T-66/14)
Kadi v Council and Commission (T-315/01) [2005] ECR II-3649
Organisation des Modjahedines du Peuple dIran v Council of the European Union (T-228/02) [2006] ECR II-04665

European Court of Human Rights

A and others v UK [2009] ECHR 301
A v United Kingdom (3455/05) (2009) 49 EHRR 29
Abdulaziz, Cabales and Balkandali v United Kingdom (1985) Series A, No 94
Al-Dulimi and Montana Management Inc v Switzerland (App no 5809/08) 26 November 2013
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