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Research Handbook on Unilateral and Extraterritorial Sanctions

Research Handbook on Unilateral and Extraterritorial Sanctions

Author: Charlotte Beaucillon
Publisher: Edward Elgar Publishing
ISBN: 9781839107849
Published In: August 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Providing 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’s chapters 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.

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