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International sanctions and human rights

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	International sanctions and human rightsedited by Pavel Šturma.
其他作者:	Šturma, Pavel.
出版者:	Cham :Springer Nature Switzerland :2024.
面頁冊數:	viii, 294 p. :ill., digital ;24 cm.
Contained By:	Springer Nature eBook
標題:	Sanctions (International law)
電子資源:	https://doi.org/10.1007/978-3-031-69019-8
ISBN:	9783031690198$q(electronic bk.)

International sanctions and human rights
International sanctions and human rights[electronic resource] /edited by Pavel Šturma. - Cham :Springer Nature Switzerland :2024. - viii, 294 p. :ill., digital ;24 cm.

1. Introduction -- 2. The notion of "sanctions" and "countermeasures" in international law -- 3. Sanctions from the point of view of (general) legal theory -- 4. Sanctions or restrictive measures in the EU law -- 5. State to State Sanctions: An Exception to Immunity of State and its Property, and of State Representatives? -- 6. United Nations sanctions and humanitarian exceptions -- 7. Human Rights Influencing Targeted Sanctions. On the role of international treaties on human rights and treaty mechanisms in relation to sanctions -- 8. Illegality of sanctions (or coercive measures) against the International Criminal Court -- 9. Sanctions from the perspective of the right to property. Confiscation of Assets -- 10. Due process and other procedural safeguards -- 11. Application of sanctions and the international commercial arbitration -- 12. The review of targeted sanctions of the UN and the EU at international level -- 13. Judicial approaches towards countermeasures in "background" disputes -- 14. Trapping European Companies Between Scylla and Charybdis: Unfulfilled Promises of the EU Blocking Statute.

The word "sanctions" is currently used more than ever before not only in the media, political statements, but also in legal discourse. Apart from this very widely cited term, European Union documents tend to refer also to "restrictive measures" while international law parlance embraces the concept of "countermeasures" (being the modern equivalent of peaceful reprisals from the point of view of general customary international law), i.e. individual coercive measures, or "security measures", which is a term used in some treaties. Sanctions or measures, whatever they are called, are a necessary and legitimate response to Russian aggression in Ukraine in the current situation. However, this does not rule out certain legal problems. The nature of these measures must be assessed in the light of international law. From this point of view, finding answers to the following questions is essential. Is the content of these measures generally consistent or contrary to the rules of international law? Who is authorized to decide on the introduction and content of these measures? Can these measures produce extraterritorial effects? Do sanctions targeting individuals (natural and legal persons) violate their human rights (right to property, right to fair trial, etc.)? Which type of information can be used as a basis for imposing sanctions against these individuals? Are there sufficient procedural safeguards and remedies at national and international level? Can some restrictive measures be reviewed and possibly overturned by courts? Are individuals who have been wrongfully added on sanction lists entitled to any compensation?

ISBN: 9783031690198$q(electronic bk.)

Standard No.: 10.1007/978-3-031-69019-8doiSubjects--Topical Terms:

248238
Sanctions (International law)

LC Class. No.: KZ6373

Dewey Class. No.: 341.582

International sanctions and human rights
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505 0 $a 1. Introduction -- 2. The notion of "sanctions" and "countermeasures" in international law -- 3. Sanctions from the point of view of (general) legal theory -- 4. Sanctions or restrictive measures in the EU law -- 5. State to State Sanctions: An Exception to Immunity of State and its Property, and of State Representatives? -- 6. United Nations sanctions and humanitarian exceptions -- 7. Human Rights Influencing Targeted Sanctions. On the role of international treaties on human rights and treaty mechanisms in relation to sanctions -- 8. Illegality of sanctions (or coercive measures) against the International Criminal Court -- 9. Sanctions from the perspective of the right to property. Confiscation of Assets -- 10. Due process and other procedural safeguards -- 11. Application of sanctions and the international commercial arbitration -- 12. The review of targeted sanctions of the UN and the EU at international level -- 13. Judicial approaches towards countermeasures in "background" disputes -- 14. Trapping European Companies Between Scylla and Charybdis: Unfulfilled Promises of the EU Blocking Statute.
520 $a The word "sanctions" is currently used more than ever before not only in the media, political statements, but also in legal discourse. Apart from this very widely cited term, European Union documents tend to refer also to "restrictive measures" while international law parlance embraces the concept of "countermeasures" (being the modern equivalent of peaceful reprisals from the point of view of general customary international law), i.e. individual coercive measures, or "security measures", which is a term used in some treaties. Sanctions or measures, whatever they are called, are a necessary and legitimate response to Russian aggression in Ukraine in the current situation. However, this does not rule out certain legal problems. The nature of these measures must be assessed in the light of international law. From this point of view, finding answers to the following questions is essential. Is the content of these measures generally consistent or contrary to the rules of international law? Who is authorized to decide on the introduction and content of these measures? Can these measures produce extraterritorial effects? Do sanctions targeting individuals (natural and legal persons) violate their human rights (right to property, right to fair trial, etc.)? Which type of information can be used as a basis for imposing sanctions against these individuals? Are there sufficient procedural safeguards and remedies at national and international level? Can some restrictive measures be reviewed and possibly overturned by courts? Are individuals who have been wrongfully added on sanction lists entitled to any compensation?
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