Ridi & Fikfak: Sanctioning to Change State Behaviour

Niccolò Ridi (King's College London) & Veronika Fikfak (Univ. of Copenhagen - Law) have posted Sanctioning to Change State Behaviour (Journal of International Dispute Settlement, forthcoming). Here's the abstract:

This article, which sits in the context of a wider project devoted to understanding how state behaviour may be changed, seeks to focus on the act of sanctioning, broadly construed, as functional to that goal. Freeing ourselves from the constraints of too narrow a definition of the term ‘sanction’, we consider a wider gamut of instances of penalties on target states which are intended to accomplish the goal of changing state behaviour. Our goal is threefold: first, we aim to stimulate a debate on the nature of the act of sanctioning, which, we argue, is more embedded within international law than generally conceded; second, by looking at different sanctioning practices, we aim to identify their common elements and offer a taxonomy of the act of sanctioning within international law; third, we aim to consider the implications of different sanctioning practices and, in particular, understanding how and when they can amount to effective and acceptable tools to change state behaviour.

Call for Submissions: World Trade Review Symposium on "War, Sanctions, and the Future of the Trade Regime"

The World Trade Review has issued a call for submissions for a symposium to be published in the journal on "War, Sanctions, and the Future of the Trade Regime." The call is here.

Mulder: The Economic Weapon: The Rise of Sanctions as a Tool of Modern War

Nicholas Mulder (Cornell Univ. - History) has published The Economic Weapon: The Rise of Sanctions as a Tool of Modern War (Yale Univ. Press 2022). Here's the abstract:

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Economic sanctions dominate the landscape of world politics today. First developed in the early twentieth century as a way of exploiting the flows of globalization to defend liberal internationalism, their appeal is that they function as an alternative to war. This view, however, ignores the dark paradox at their core: designed to prevent war, economic sanctions are modeled on devastating techniques of warfare.

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Tracing the use of economic sanctions from the blockades of World War I to the policing of colonial empires and the interwar confrontation with fascism, Nicholas Mulder uses extensive archival research in a political, economic, legal, and military history that reveals how a coercive wartime tool was adopted as an instrument of peacekeeping by the League of Nations. This timely study casts an overdue light on why sanctions are widely considered a form of war, and why their unintended consequences are so tremendous.

Conference: Taming the Many-Headed Monster? Secondary Sanctions in the International Legal Order

On December 2-3, 2021, the Ghent Rolin-Jaequemyns International Law Institute (GRILI) and the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE) will host a hybrid conference on "Taming the Many-Headed Monster? Secondary Sanctions in the International Legal Order." Program and registration are here.

Call for Input to Database of Articles on Unilateral Sanctions

The United Nations is establishing a database of academic articles, dissertations and research papers relating to the legal status, humanitarian impact and other aspects of unilateral sanctions, with the aim of facilitating future research on the subject. Authors and others are invited to submit relevant works in any language, with the following information as appropriate: citations, links to published works, and any additional information such as a description or key words. Authorization for putting materials online for the purpose of the database is also requested. The project, an initiative of the UN Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, Alena Douhan, is an outgrowth of an Expert Consultation on “The Notion, Characteristics, Legal Status and Targets of Unilateral Sanctions” held in Geneva earlier this year. The report from that meeting is here. Submissions should be sent by email to [email protected] with “Sanctions Reference Instrument Submission” in the subject line.

Conference: Taming the Many-Headed Monster? Secondary Sanctions in the International Legal Order

On December 2-3, 2021, the Ghent Rolin-Jaequemyns International Law Institute and the Utrecht Centre for Regulation and Enforcement in Europe will host a conference on "Taming the Many-Headed Monster? Secondary Sanctions in the International Legal Order." The conference will be held in a hybrid setting both on campus and online. The program is here. Registration is here.

Beaucillon: Research Handbook on Unilateral and Extraterritorial Sanctions

Charlotte Beaucillon (Univ. of Lille - Law) has published Research Handbook on Unilateral and Extraterritorial Sanctions (Edward Elgar Publishing 2021). Here's the abstract:

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Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy.

This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions.

Call for Papers: Sanctions and Africa: an International Law and Politics Conference

Coventry University, the Graduate Institute Geneva, and the University of Pretoria have issued a call for papers for a conference on “Sanctions and Africa: An International Law and Politics Conference,” to be held December 9-10, 2021, in person in London and online. The call is here.

Subedi: Unilateral Sanctions in International Law

Surya P. Subedi (Univ. of Leeds - Law) has published Unilateral Sanctions in International Law (Hart Publishing 2021). Here's the abstract:

This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are.

The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment.

This study finds that unilateral sanctions by a state or a group of states against another state as opposed to 'smart' or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.

Call for Papers: Taming the many-headed monster? Secondary Sanctions in the International Legal Order

The Ghent Rolin-Jaequemyns International Law Institute (GRILI) and the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE) have issued a call for papers for a conference on "Taming the many-headed monster? Secondary Sanctions in the International Legal Order," to take place December 2-3, 2021. The call is here.

Weller: The Controversy about the Iranian Nuclear Sanctions Snapback

Marc Weller (Univ. of Cambridge - Law) has posted an ASIL Insight on The Controversy about the Iranian Nuclear Sanctions Snapback.

Conference: Unilateral / extraterritorial sanctions

On December 12-13, 2019, Université Paris 1 Panthéon-Sorbonne will host a conference on "Unilateral / extraterritorial sanctions." Registration is here. The program is here.

Asada: Economic Sanctions in International Law and Practice

Masahiko Asada (Kyoto Univ. – Law) has published Economic Sanctions in International Law and Practice (Routledge 2019). Contents include:

• Masahiko Asada, Definition and legal justification of sanctions
• Philippe Achilleas, United Nations and sanctions
• Pierre-Emmanuel Dupont, Human rights implications of sanctions
• Mirko Sossai, Legality of extraterritorial sanctions
• Jean-Marc Thouvenin, History of implementation of sanctions
• Richard Nephew, Implementation of sanctions: United States
• Francesco Giumelli, Implementation of sanctions: European Union
• Machiko Kanetake, Implementation of sanctions: Japan
• Andrea Berger, North Korea: Design, implementation, and evasion
• Kazuto Suzuki, Iran: The role and effectiveness of UN sanctions
• Tatsuya Abe, Syria: The chemical weapons question and autonomous sanctions
• Mika Hayashi, Russia: The Crimea question and autonomous sanctions

Menkes: The Legality of US Investment Sanctions against Iran before the ICJ: A Watershed Moment for the Essential Security and Necessity Exceptions

Marcin J. Menkes (Warsaw School of Economics) has posted The Legality of US Investment Sanctions against Iran before the ICJ: A Watershed Moment for the Essential Security and Necessity Exceptions (Canadian Yearbook of International Law, forthcoming). Here's the abstract:

International courts and tribunals so far have shown reluctance to delimit the normative scope of the essential security and necessity exceptions in international economic law. Legal scholars have also refrained from identifying the point of equilibrium between maintaining the core protections of international law and allowing for necessary flexibility in its application. This article argues that such stances are now untenable. The unilateral US withdrawal from the Iran nuclear deal, and the reintroduction of sanctions, has challenged the multilateral order. Although the sanctions resemble earlier measures, violation of the deal and of United Nations Security Council Resolution 2231(2015) has altered the normative context. The threat to the stability of the post-war multilateral order by a permanent member of the Security Council is unique. The author shows why Iran’s recourse to the International Court of Justice (ICJ) in this context should become a landmark case for international economic law and how it traps the ICJ in a gilded cage.

AJIL Unbound Symposium: Unilateral Targeted Sanctions

AJIL Unbound has posted a symposium on "Unilateral Targeted Sanctions." The symposium includes an introduction by Anne van Aaken and contributions by Antonios Tzanakopoulos, Devika Hovell, David S. Cohen and Zachary K. Goldman, Joshua P. Zoffer, Elena Chachko, and Alexandra Hofer.

Seminar: Expert Dialogue on the EU Blocking Regulation and Extraterritorial US Sanctions

On April 19, 2019, Utrecht University’s Law School’s research programme on Regulation and Enforcement in Europe will hold an "Expert Dialogue on the EU Blocking Regulation and Extraterritorial US Sanctions." The program is here.

Gordon, Smyth, & Cornell: Sanctions Law

Richard Gordon, Michael Smyth, & Tom Cornell have published Sanctions Law (Hart Publishing 2019). Here's the abstract:

This book aims to create a user-friendly, accessible guide to the complex area of sanctions law. In particular, the book will examine how sanctions restrictions work in practice, and what the implications are for multinational businesses operating across numerous sanctions regimes. To this extent, the book considers the interrelationship between sanctions at the supranational and national levels, including the impact of the far-reaching US sanctions regime. The book's aim is not to provide an exhaustive list of sanctions regulations, but rather a framework for engaging with the relevant legislation and the main issues arising therefrom. Reinforcing this practical and commercially-focused approach, each chapter is written in a format that enables easy reading and rapid assimilation. Where there are relevant materials, be they legislative or case-law, these are outlined at the start of each chapter. In addition, the chapters dealing with challenges to sanctions designations each include a section with key principles, providing the clearest possible treatment of the subject.

Sognigbé Sangbana: La sanction internationale de la violation des droits de l’homme

Muriel Sognigbé Sangbana (Fondation René Cassin – Institut international des droits de l’homme) has published La sanction internationale de la violation des droits de l’homme (Pedone 2018). Here's the abstract:

La sanction internationale de la violation des droits de l’homme peine à atteindre les objectifs qui lui sont assignés. Les sanctions non juridictionnelles mises en place au sein du système de la Charte des Nations unies sont le régime de droit commun, mais leur efficacité reste limitée pour la victime. Les Comités créés pour veiller à l’application des conventions relatives aux droits de l’homme prennent de simples recommandations à l’issue de l’examen des communications individuelles et sont incompétents pour connaître des violations graves. À défaut de mécanisme de sanction des violations graves, le Conseil de sécurité a étendu l’application des mesures collectives aux droits de l’homme. Le recours ainsi fait au Chapitre VII est confronté aux difficultés opérationnelles qui en limitent la portée. Face à ces difficultés, le Conseil de sécurité a diversifié ses sanctions. Toutefois, qu’elles soient des sanctions ciblées ou des mesures juridictionnelles comme la création de juridictions pénales ou la saisine de la Cour pénale internationale, les mesures collectives sont axées sur l’individu et non l’État. Bien que ce dernier soit le titulaire des obligations internationales en la matière, il est à l’abri de toute sanction contraignante, collective ou pénale. L’absence de sanction efficace à l’encontre de l’État et la garantie insuffisante des droits de la victime impose une réforme du contentieux international des droits de l’homme, à l’aune de la protection régionale des droits de l’homme qui se distingue par sa juridictionnalisation et par les garanties des droits de la victime. Au-delà du renforcement des mécanismes des organes de traités, la création d’une juridiction universelle chargée de sanctionner la violation des droits de l’homme au sein du système des Nations unies doit être envisagée.

van den Herik: Research Handbook on UN Sanctions and International Law

Larissa van den Herik (Leiden Univ. - Law) has published Research Handbook on UN Sanctions and International Law (Edward Elgar Publishing 2017). Contents include:

• Larissa van den Herik, The individualization and formalization of UN sanctions
• Tom Ruys, Sanctions, retorsions and countermeasures: concepts and international legal framework
• Sue Eckert, The evolution and effectiveness of UN targeted sanctions
• Lisa Ginsborg, UN sanctions and counter-terrorism strategies: moving towards thematic sanctions against individuals?
• Dan Joyner, UN counter-proliferation sanctions and international law
• Matthew Happold, UN sanctions as human rights and humanitarian law devices
• Daniëlla Dam-de Jong, UN natural resources sanctions regimes: incorporating market-based responses to address market- driven problems
• Alejandro Rodiles, The design of UN sanctions through the interplay with informal arrangements
• Devika Hovell, Glasnost in the Security Council: the value of transparency
• Kimberly Prost, Security Council sanctions and fair process
• Kristen Boon, Timing matters: termination policies for UN sanctions
• Pierre-Emmanuel Dupont, UN sanctions and international financial institutions
• Andrew Mitchell, Sanctions and the World Trade Organization
• Eric De Brabandere & David Holloway, Sanctions and international arbitration
• Mercédeh Azeredoh da Silveira, Economic sanctions and contractual disputes between private operators
• Ward Ferdinandusse & Pieter Rademakers, The prosecution of sanctions busters
• Mirko Sossai, UN sanctions and regional organizations: an analytical framework
• Penelope Nevill, Interpretation and review of UN sanctions by European courts: comity & conflict
• Machiko Kanetake & Congyan Cai, Chinese and Japanese perspectives on UN sanctions
• Amelia Broodryk & Anton du Plessis, African perceptions of UN sanctions
• Jeremy Levitt, UN sanctions and peace construction in West Africa

Call for Papers: Effectiveness, Impact and Monitoring of Non-UN Sanctions

The European Society of International Law has issued a call for papers for the second session in a two-part symposium on "Non-UN Sanctions and International Law." The theme of the second session is: "Effectiveness, Impact and Monitoring of Non-UN Sanctions." Here's the call:

EUROPEAN SOCIETY OF INTERNATIONAL LAW
PRAGUE-NOTTINGHAM SYMPOSIUM:
NON-UN SANCTIONS AND INTERNATIONAL LAW

5 May 2017: Institute of International Relations, Prague
10 November 2017: Nottingham International Law and Security Centre, University of Nottingham

CALL FOR PAPERS FOR THE NOTTINGHAM EVENT:
EFFECTIVENESS, IMPACT AND MONITORING OF NON-UN SANCTIONS

On 5 May 2017, the first part of an ESIL symposium co-organized by the Institute of International Relations in Prague and the Nottingham International Law and Security Centre, University of Nottingham, was held in Prague. At this event 12 papers were presented and discussed by experts in the very productive environment of the Cernin Palace, Ministry of Foreign Affairs of the Czech Republic, in Prague.

The second part of the symposium will be held at the Nottingham International Law and Security Centre in the School of Law at the University of Nottingham on Friday 10 November 2017. The overall topic of the symposium is ‘Non-UN Sanctions and International Law’. The idea is to consider various aspects of sanctions adopted outside the UN context, by individual States, groups of States, regional organizations or other actors.

While the Prague event focused on the legality and legitimacy of non-UN sanctions, the Nottingham event will concentrate on the effectiveness and impact of non-UN sanctions and the monitoring of such sanctions by States or non-State actors.

The ESIL symposium is a scholarly event that promotes an intensive and targeted discussion of a selected topic of international law. Approximately 8-12 papers will be selected from among the submissions. The most original papers may be considered for publication in a special issue of the Journal of Conflict and Security Law (published by Oxford University Press) in 2018.

Call for Papers for the Nottingham event: Effectiveness, Impact and Monitoring of Non-UN Sanctions

Papers discussing any dimension of the topic of effectiveness, impact and monitoring of nonUN Sanctions, taking a theoretical, doctrinal or empirical approach, will be given serious consideration.

The organizers particularly welcome papers addressing one or more of the following issues:

• The effectiveness of unilateral or multilateral targeted or general non-UN sanctions in terms of changing the ‘targets’ behaviour;
• The effectiveness of unilateral or multilateral non-UN sanctions in achieving goals of peace and security, human rights compliance, or other goals;
• The impact of unilateral or multilateral non-UN sanctions taken outside the UN context in terms of health, development, governance, self-determination and human rights;
• Monitoring of the effectiveness and impact of non-UN sanctions by those States or other actors imposing such measures, and by other bodies and organisations such as human rights bodies or NGOs;
• The role of the private sector and other non-state actors, e.g. banks, financial institutions and law firms, in giving effect to non-UN sanctions;
• The responsiveness of non-UN sanctions regimes to criticisms and concerns regarding effectiveness and impact;
• The relationship between the legality and legitimacy of non-UN sanctions and their effectiveness and impact.

Abstracts (of not more than 750 words) should be submitted to [email protected] by 31 July 2017. Please include your name, email address, and a one-page curriculum vitae with your abstract.

Successful applicants will be notified by email by 25 August 2017. Drafts of papers (of not more than 10,000 words) will be required by 10 October 2017.

Successful applicants will be expected to bear the costs of their own travel and accommodation. However, ESIL travel grants will be made available to offer partial financial support to speakers. Speakers and participants in the symposium will be informed of hotels that offer preferential rates. Lunch and coffee breaks will be provided.