OUVRAGE : L. van den Herik (ed.), Research Handbook on UN Sanctions and International Law

Larissa van den HERIK

Since the end of the Cold War we have witnessed an unprecedented intensification of the use of sanctions by the UN Security Council. This study of the current practice of UN sanctions in international law includes the different types of UN sanctions regimes, notably counter-terrorism regimes, counter-proliferation regimes and conflict-resolution regimes. It covers their interrelationship with other regimes and substantive areas of law, as well as issues arising from their implementation and application at the domestic level.

The twenty-five years following the conclusion of the Cold War witnessed an unprecedented intensification of the usage of UN sanctions. This Research Handbook maps how UN sanctions multiplied and diversified during this period and analyses the substantive and procedural transformations to UN sanctions regimes, through the lens of international law.

Expert contributors explore different types of UN sanctions regimes, most notably counter-terrorism regimes, counter-proliferation regimes and conflict-resolution regimes. They trace developments across these regimes, such as increased references to international legal standards in sanctions design and procedure as well as interplays with other processes and informal arrangements. Key chapters also specifically examine synergies between UN sanctions and unilateral measures and explore the different legal frameworks that shape and govern these respective regimes. Offering a holistic study of UN sanctions, this Research Handbook identifies cross-cutting issues and common challenges in order to provide an outlook on the future of UN sanctions in a 21st century setting.

Comprehensive and engaging, students and scholars of international law and human rights law, as well as international relations more widely, will find this book an essential companion. Its forward-thinking approach will also benefit legal practitioners at the UN, other international organisations and law firms.

TABLE OF CONTENTS

Introduction

1. Larissa van den Herik, The individualization and formalization of UN sanctions

Part I. CONCEPTUALIZATION AND EFFECTIVENESS OF UN SANCTIONS

2. Tom Ruys, Sanctions, retortions and countermeasures: concepts and international legal framework
3. Sue E. Eckert, The evolution and effectiveness of UN targeted sanctions

Part II. THE FUNCTIONS OF UN SANCTIONS

4. Lisa Ginsborg, UN sanctions and counter-terrorism strategies: moving towards thematic sanctions against individuals?
5. Daniel H. Joyner, UN counter-proliferation sanctions and international law
6. Matthew Happold, UN sanctions as human rights and humanitarian law devices
7. Daniëlla Dam-de Jong, UN natural resources sanctions regimes: incorporating market-based responses to address market-driven problems

Part III. DESIGN AND PROCEDURE GOVERNING UN SANCTIONS

8. Alejandro Rodiles, The design of UN sanctions through the interplay with informal arrangements
9. Devika Hovell, Glasnost in the Security Council: the value of transparency
10. Kimberly Prost, Security Council sanctions and fair process
11. Kristen E. Boon, Timing matters: termination policies for UN sanctions

Part IV. INTERPLAY WITH OTHER REGIMES

12. Pierre-Emmanuel Dupont, UN sanctions and international financial institutions
13. Andrew D. Mitchell, Sanctions and the World Trade Organization
14. Eric De Brabander, David Holloway, Sanctions and international arbitration
15. Mercédeh Azeredoh da Silveira, Economic sanctions and contractual disputes between private operators
16. Ward Ferdinanduss, Pieter Rademakers, The prosecution of sanctions busters

Part V. REGIONAL PERSPECTIVES

17. Mirko Sossai, UN sanctions and regional organizations: an analytical framework
18. Penelope Nevill, Interpretation and review of UN sanctions by European courts: comity and conflict
19. Machiko Kanetak, Congyan Cai, Chinese and Japanese perspectives on UN sanctions
20. Amelia Broodry, Anton du Plessis, African perceptions of UN sanctions
21. Jeremy I. Levitt, UN sanctions and peace construction in West Africa

Index

Larissa van den HERIK (ed.), Research Handbook on UN Sanctions and International Law, 

Cheltenham, Edward Elgar Publishing, 2017 (544 pp.)