scholarly journals State Responsibility for “Targeted Sanctions”

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 135-139
Author(s):  
Antonios Tzanakopoulos

The United States and other actors such as the European Union impose “targeted sanctions” against foreign officials for acts carried out in their official capacity, or against legal entities of targeted states. This mirrors the practice and experience of the United Nations. The Security Council's practice of imposing comprehensive sanctions in the early 1990s quickly evolved into a practice of “targeted” or “smart” sanctions, to both improve effectiveness and to alleviate the significant effects of sanctions on the population of targeted states. However, the legal regime for resorting to sanctions is different when it comes to states acting unilaterally than it is for collective action within the framework of the UN Charter. This essay first clarifies some terminological issues. It then delves into the legality of the practice of unilateral “targeted sanctions,” and concludes that the most legally difficult aspect of these measures is their purported extraterritoriality.

Author(s):  
Francesco Giumelli ◽  
Michal Onderco

Abstract While the current practice of the United Nations Security Council, the European Union, and the United States leans towards imposing only targeted sanctions in most of the cases, private actors often complain about inability to process financial transactions, ship goods, or deliver services in countries where sanctions targets are located. The impact of sanctions often ends up being widespread and indiscriminate because sanctions are implemented by for-profit actors. This article investigates how for-profit actors relate to the imposition of sanctions, how they reflect them in their decisions, and how they interact with the public authorities. The findings of our research show that for-profit actors, with the possible exception of the largest multinationals, do not engage with public authorities before the imposition of sanctions. The behaviour of for-profit actors in the implementation phase is in line with the assumption of firms and business as profit-maximisers. Weighting the profits from business against the costs of (non-)compliance and make the decisions that in their view maximise their profit. Indeed, de-risking seems to be the most common approach by the companies due to the uncertainties produced by the multiple and overlapping sanctions regimes imposed by the United Nations, the European Union, and the United States.


2021 ◽  
Vol 26 (4) ◽  
pp. 348-355
Author(s):  
Alina Alexandru

Abstract New technologies have marked the beginning of the Forth Industrial Revolution era. While the advantages of new technologies for our day-to-day life are undeniable, we cannot fail to notice that emerging and disruptive technologies also imply challenges and risks for individuals, societies and countries. Moreover, in the absence of regulations and norms internationally accepted and assumed, risks associated to the misuse of new technologies tend to increase, transforming the domain into a competition arena. States and international organizations perceive the pressure to address emerging technologies. The United Nations, the United States and the European Union have defined their own strategies and policies on the new technologies with the aim at capitalizing the benefits and minimizing the risks. While different in their view, UN’s, US’ and EU’ strategies and policies offer landmarks to consider in addressing new technologies.


2022 ◽  
Vol 10 (1) ◽  
Author(s):  
Clara Portela ◽  
Thijs Van Laer

Since the 1990s, sanctions senders like the European Union, the United States, and the United Nations have been imposing visa bans and asset freezes on individuals as a key element of their sanctions packages. Notwithstanding the growing centrality that individual sanctions have acquired in international sanctions practice, little is known about the impact of sanctions listings on designees. Some researchers have scrutinised targeting choices, while others have explored the effects of sanctions on designees. However, no study has yet examined the fit between targeting choices and impacts on designees. First, we interrogate the theory of targeted sanctions to identify the expectations that it generates. Second, we examine the effects on designees and contrast them with the targeting logic of the sender, in a bid to ascertain their fit. Our analysis of the cases of Côte d’Ivoire (2010–2011) and Zimbabwe (2002–2017) benefits from original interview material.


2013 ◽  
Vol 781-784 ◽  
pp. 1341-1346
Author(s):  
Ren Yuan Li

The European Union and the United States have imposed different legal management on the genetically modified food. There are some disadvantages in the legal regime of China concerning the management of GMF which make the regal reform on the issue of GMF become necessary. To ensure food safety, China should take the legal regime of EU as reference and raise its standards for the market access of the GMF. The requirements of traceability and labeling for GMF should also be included in law. A centralized governmental department responsible for the issues of GMF should also be established.


Author(s):  
Vanja Serjević

The criminal liability of legal entities has been in the focus of the criminal law reforms over the last century, especially in the modern globalization era. The theoretical debate and the creative judicial practice in cases of serious illegal behavior of corporations have provided the necessary vehicle for change from the traditional conception that legal persons cannot be liable under criminal law (‘societas delinquere non potest’) to the newly embraced doctrine of ‘respondeat superior’ (with some modification). The article presents an overview of the major concepts and theories of the criminal liability of legal entities. After providing a comprative overview of relevant legislation in the prominent criminal law systems of the United States of America, Germany and the European Union, the author provides a general overview of the Serbian legislation on this matter.


2020 ◽  
pp. 073889422094872 ◽  
Author(s):  
Patrick M Weber ◽  
Gerald Schneider

The European Union, the United Nations, and the United States frequently use economic sanctions. This article introduces the EUSANCT Dataset—which amends, merges, and updates some of the most widely used sanctions databases—to trace the evolution of sanctions after the Cold War. The dataset contains case-level and dyadic information on 326 threatened and imposed sanctions by the EU, the UN, and the US. We show that the usage and overall success of sanctions have not grown from 1989 to 2015 and that while the US is the most active sanctioner, the EU and the UN appear more successful.


Author(s):  
Colin Provost

Managing the risks of climate change partly involves setting and implementing regulatory standards that help to diminish the causes of climate change. This means setting regulatory standards that require businesses to emit fewer pollutants, most notably carbon dioxide. In large federalist systems like the United States and the European Union, this regulation is produced by a variety of institutional structures and policy instruments as well. In the United States, federal regulations often encompass stricter standards with less flexibility; these standards have direct impacts on the relevant regulated interests, but they also influence the content and structure of non-governmental regulations, such as those promulgated by NGOs or industry trade associations. This influential “shadow of hierarchy” can be witnessed in both the U.S. and E.U. However, at a more local level, businesses and governments do not solely operate within the confines of strict, hierarchical regulation. Both sets of organizations join together horizontally to form compacts and regulatory networks that are often characterized more by guidance, soft law and collaborative efforts. While such institutions can be a welcome and effective complement to stricter, hierarchical regulation, such networks require high levels of trust and goal congruence to overcome the potential collective action problems that are inherently possible in such networks. Finally, the conditions under which networks and hierarchies both develop to construct environmental regulatory policies will depend on the dynamics of the policy process as well. Under ordinary circumstances, diverging preferences and collective action problems may create the foundation for more incremental and weaker regulatory standards, whereas an environmental disaster might create a groundswell of support for strict, judicially binding legislation. In this way, policy processes affect the structure of hierarchies and networks and ultimately the shape of regulations designed to mitigate the effects of climate change.


Author(s):  
Amaney A. Jamal

This chapter extends the analysis to Palestine and Saudi Arabia. In 2002, the road map for peace adopted by the European Union, United States, Russian, and the United Nations called for the necessity of Palestinian reforms in moving the peace process forward. The United States was vocal about the need for the Palestinians to reform their system of government and pushed for Palestinian elections in the early years of the new millennium. However, the United States was hoping that a pro-Fatah alliance would emerge and neglected to state publicly that it would nullify any outcome that was not favorable to its own interests. The Palestinians learned the hard way that the United States would indeed punish the entire population for exercising democracy the wrong way. The case of Saudi Arabia mirrors in many ways the experiences of non-oil-rich states captured in this manuscript. Significant segments of the Saudi public recognize the importance of the Saudi regime in maintaining close alliances with the United States.


Author(s):  
Stuart Rees

This chapter assesses four ways cruelties have been formed and fomented in policies. It moves from cruelty as a deliberate motive to situations where it looks as though the architects of policies enabled cruelties to take place but did not direct them. Then come the denials and deception: who could possibly think that countries such as the United States, Russia, Israel, Syria, Saudi Arabia, Indonesia, Iran, or Myanmar would indulge in human rights abuses such as collective punishments, ethnic cleansing, floggings, torture, arbitrary imprisonment, targeted killings, and executions? Finally, there is collusion. Alliances are made with countries which commit cruelties but their allies behave as though this is nothing to do with them. When the United States ignores Israeli cruelty to Palestinian children, that is collusion. The European Union and the United Nations may also collude by silence which encourages perpetrators.


Author(s):  
Attarid Awadh Abdulhameed

Ukrainia Remains of huge importance to Russian Strategy because of its Strategic importance. For being a privileged Postion in new Eurasia, without its existence there would be no logical resons for eastward Expansion by European Powers.  As well as in Connection with the progress of Ukrainian is no less important for the USA (VSD, NDI, CIA, or pentagon) and the European Union with all organs, and this is announced by John Kerry. There has always ben Russian Fear and Fear of any move by NATO or USA in the area that it poses a threat to  Russians national Security and its independent role and in funence  on its forces especially the Navy Forces. There for, the Crisis manyement was not Zero sum game, there are gains and offset losses, but Russia does not accept this and want a Zero Sun game because the USA. And European exteance is a Foot hold in Regin Which Russian sees as a threat to its national security and want to monopolize control in the strategic Qirim.


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