Sanctions By and Against International Organizations
Common Issues and Current Developments
This book examines the most recent practice related to the use of sanctions by and against international organizations. As its fundamental legal framework for investigation it uses, on the one hand, the outcomes of the work of the International Law Commission of the United Nations on the responsibility for international unlawful acts, and the law of international organizations, including European Union law, on the other.
Sanctions By and Against International Organizations addresses the following critical issues: (1) the rationale underlying the use of sanctions, and the extent to which they may be deemed to be measures promoting the protection of collective interests of the “community” concerned; (2) the legal qualification of the measures at stake from the perspective of both public and private international law (as sanctions, countermeasures or retorsion and as overriding mandatory rules or factual circumstances which impede an economic transaction, respectively); (3) the attribution of the measures to the different actors involved in the sanctioning process (organizations and/or member States); (4) the legality of sanctions, especially those which are not provided for in the rules of the organizations, and their impact on the membership as a whole; and (5) the identification of the legal regime(s) applicable to measures undertaken by States against organizations (treaty remedies, international responsibility, or general rules applicable in the relationship between organizations and their members).
The book is divided into three parts. Part I outlines the core elements of the legal background against which the law and practice of sanctions by and against international organizations will then be discussed. Part II explores the legal features of measures adopted in the relationships between international organizations and their member States. Finally, Part III dwells on the further scenario of the sanctions adopted by international organizations against non-member States (or their nationals) and vice versa.
About the editors
Giovanna Adinolfi is a Full Professor of International Law at the University of Milan.
Alessandra Lang is an Associate Professor of EU Law at the University of Milan.
Chiara Ragni is a Full Professor of International Law at the University of Milan.
List of contributors
Giovanna Adinolfi, Maurizio Arcari, Martina Buscemi, Federico Casolari, Alexandra Hofer, Federica Favuzza, Francesca Finelli, Giulia Gabrielli, Elisa Gallinaro, Alessandra Lang, Angela M. Gabriella Lupone, Loris Marotti, Sara Poli, Mirko Sossai, Chiara Ragni and Larissa van den Herik.
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Type of product | Book |
---|---|
Format | Paperback |
EAN / ISSN | 9781839703430 |
Weight | 600 g |
Status | Available |
Access to exercice | No |
Publisher | Intersentia |
Language | English |
Publication Date | Nov 15, 2024 |
Available on Strada Belgique | Yes |
Available on Strada Europe | Yes |
Available on Strada Luxembourg | No |
Downloads
- Table of contents and preliminary pages
- Introduction
Giovanna Adinolfi, Alessandra Lang, Chiara Ragni - PART I. SETTING THE SCENE
- ‘Sanctions’ at the Crossroads of Parallel Regimes of Responsibility
Maurizio Arcari - EU Sanctions Policy: A Legal Appraisal in Light of the EU’s Strategic Autonomy Doctrine
Federico Casolari - Economic Sanctions of International Organizations from a Private International Law Perspective
Chiara Ragni - PART II. THE USE OF ‘SANCTIONS’ IN THE RELATIONSHIP BETWEEN INTERNATIONAL ORGANIZATIONS AND THEIR MEMBER STATES
- Institutional Sanctions Against Russia: Substantive and Procedural Issues
Martina Buscemi - Regional Sanctions Against Member States: A Comparative and Relational Approach
Mirko Sossai - Regional Organizations and the Non-Mandated Sanctioning of Member States: The Case of the League of Arab States Sanctions Against Syria
Alexandra Hofer - Looking for an Alternative Solution to Ineffective Sanctioning Measures Envisaged in the Founding Treaty: Regulation (EU) 2020/2092 as a Response to the Rule of Law Crisis in the EU?
Elisa Gallinaro - The Legal Dimension of Backlash Against International Organizations: Countermeasures and the Principle of Cooperation
Loris Marotti - PART III. SANCTIONS AGAINST AND BY NON-MEMBER STATES AS A MEANS FOR ENFORCEMENT OF INTERNATIONAL LAW
- The Place of International Human Rights Law in the EU Global Human Rights Sanctions Regime
Federica Favuzza - EU Measures ‘Against’ Turkey through the Lens of International Law Dynamics
Angela M. Gabriella Lupone - Judicial Challenges to EU Restrictive Measures by Individual State Organs, ‘Emanations of Non-EU Member States’ and Third Countries: The Limits to the Council’s Discretion
Sara Poli - The Uncertain Contours of Member States’ Obligation to Ensure that EU Restrictive Measures are not Circumvented
Francesca Finelli - The International Criminal Court under Challenge: On the Measures by Third States and Other International Organizations
Giulia Gabrielli - CONCLUSIONS
- Sanctions By and Against International Organizations in an Unsettling and Unstable World
Larissa Van Den Herik - About the editors