Description
Book SynopsisProviding 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 provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions.
Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.
Trade Review'Charlotte Beaucillon and her 27 co-authors have produced a true ''Treatise on extraterritorial sanctions'' with an orderly plan that makes it possible to cover a formidably complex subject from various angles. Often confiscated by the common law doctrine, this theme is the object of cross-perspectives by specialists with very diverse backgrounds, which enrich one another while not detracting from the didactic clarity of the book. A major contribution to the knowledge of a key phenomenon of contemporary international relations.' -- Alain Pellet, Université Paris Nanterre, France
'The Research Handbook on Unilateral and Extraterritorial Sanctions
provides an impressive collection of contributions on a topic of ever-growing importance. Beaucillon has aptly managed to bring together some of the main experts in this burgeoning field to put together what is perhaps the most comprehensive volume to-date dedicated specifically to extraterritorial sanctions. The book provides a useful tour d'horizon
, mapping different regional perspectives on extraterritorial sanctions, and addressing their legality and impact on companies and individuals in a structured manner. Leaving no stone unturned, the book will be of significant value to scholars, practitioners and policy-makers alike.' -- Tom Ruys, Ghent University, Belgium
Table of ContentsContents: 1 An introduction to unilateral and extraterritorial sanctions: definitions, state of practice and contemporary challenges 1 Charlotte Beaucillon PART I CONTEMPORARY STATE PRACTICE 2 Unilateral and extraterritorial sanctions in crisis: implications of their rising use and misuse in contemporary world politics 19 Erica Moret 3 South Africa’s position and practice with regard to unilateral and extraterritorial coercive sanctions 37 Hennie Strydom 4 From pessimism to accommodation: India’s stand and practice on unilateral sanctions 55 Rishika Chauhan 5 China’s position and practice concerning unilateral sanctions 70 Congyan Cai 6 Unilateral and extraterritorial sanctions policy: the Russian dimension 90 Ivan N. Timofeev 7 The European Union’s position and practice with regard to unilateral and extraterritorial sanctions 110 Charlotte Beaucillon 8 The US position and practice with regards to unilateral and extraterritorial sanctions: reimagining the US sanctions regime in a world of advanced technology 129 Zachary Goldman and Alina Lindblom PART II REGIME UNDER INTERNATIONAL LAW 9 Articulating UN sanctions with unilateral restrictive measures 148 Jean-Marc Thouvenin 10 Unilateral/extraterritorial sanctions as a challenge to the theory of jurisdiction 164 Yann Kerbrat 11 Unilateral sanctions as a challenge to the law of state responsibility 185 Alexandra Hofer 12 Unilateral and extraterritorial sanctions and international investment law 203 Sabrina Robert-Cuendet 13 Contemporary blocking statutes and regulations in the face of unilateral and extraterritorial sanctions 220 Daniel Ventura 14 Challenging unilateral and extraterritorial sanctions under international economic law: exploring leads at the WTO and the OECD 238 Lena Chercheneff PART III IMPACT ON ECONOMIC OPERATORS 15 Corporations and US economic sanctions: the dangers of overcompliance 255 Emmanuel Breen 16 Embedded extraterritoriality: US judicial litigation and the global banking surveillance of digital money flows 269 Grégoire Mallard and Anna Hanson 17 Using extraterritorial sanctions in the fight against financial crime in Latvia: from silver lining to over compliance 287 Ilze Znotiņa and Paulis Iļjenkovs 18 Resisting from the bench: an overview of French and UK courts’ jurisprudence on unilateral and extraterritorial sanctions 305 Marjorie Eeckhoudt 19 International bank settlement in China and unilateral sanctions-related disputes: sources, remedies and procedures 322 Jin Sun 20 Unilateral sanctions through an international arbitration lens: procedural and substantive issues 341 Eric De Brabandere and David Holloway PART IV IMPACT ON HUMAN RIGHTS 21 Unilateral sanctions as unilateral coercive measures: discussing coercion at the UN level 365 Pierre-Emmanuel Dupont 22 From targeted states to affected populations: exploring accountability for the negative impact of comprehensive unilateral sanctions on human rights 384 Ioannis Prezas 23 Due process and unilateral targeted sanctions 404 Anton Moiseienko 24 The right to be protected from the criminal enforcement of extraterritorial sanctions: lessons learned from the Huawei case 423 Muriel Ubéda-Saillard 25 Horizontal sanctions regimes: targeted sanctions reconfigured? 440 Clara Portela Index
