Defining Elements And Emerging Legal Issues Of Eu Sanctions
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| Author | : Francesco Giumelli |
| Publisher | : |
| Total Pages | : 52 |
| Release | : 2013 |
| Genre | : Economic sanctions, European |
| ISBN | : |
The European Union has devoted growing attention to sanctions since the entry into force of the Maastricht Treaty. In total, the Council has imposed Common Foreign and Security Policy (CFSP) sanctions targeting countries, economic sectors, groups, individuals and entities on 27 different occasions. The novelty in the area of sanctions is that targets are not only states, as in the recent cases of Iran and Syria, but they are also individuals and non-state entities, e.g. anti-terrorist lists, President Robert Mugabe and his associates, and several companies connected with the military junta in Burma/Myanmar. Additionally, the contexts in which sanctions are utilised can be diverse, ranging from the protection of human rights to crisis management and non-proliferation. Despite the fact that the effectiveness of sanctions has been much debated, the EU has developed a sanctioning policy and intensified its adoption of sanctions. Sanctions were traditionally seen as a way to impose economic penalties as a means of extracting political concessions from targets, but EU sanctions do not always impose a cost nor do they always seek to induce behavioural change. To this extent, a new narrative may be needed.
| Author | : Masahiko Asada |
| Publisher | : Routledge |
| Total Pages | : 250 |
| Release | : 2019-11-07 |
| Genre | : Law |
| ISBN | : 0429628013 |
Providing perspectives from a range of experts, including international lawyers, political scientists, and practitioners, this book assesses current theory and practice of economic sanctions, discussing current legal and political challenges faced by the international community. It examines both the implementation of sanctions by major powers – the United States, the European Union, and Japan – as well as assessing the impact of those sanctions through case studies of Russia, Iran, Syria, and North Korea. Balancing theoretical analysis of legal considerations with national and regional level empirical analysis, it also includes coverage of sanctions issues by the UN Security Council and the EU, as well as the extraterritorial application of sanctions. A valuable reference for academics and practitioners, Economic Sanctions in International Law and Practice will be useful to those working in the fields of international law, diplomacy, and international political economy.
| Author | : Stefano Montaldo |
| Publisher | : Taylor & Francis |
| Total Pages | : 338 |
| Release | : 2021-02-22 |
| Genre | : Law |
| ISBN | : 0429584679 |
The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.
| Author | : Thomas J. Biersteker |
| Publisher | : Cambridge University Press |
| Total Pages | : 423 |
| Release | : 2016-03-17 |
| Genre | : Political Science |
| ISBN | : 1107134218 |
Systematically analyzes the impacts and the effectiveness of UN targeted sanctions over the past quarter century.
| Author | : Stefano Montaldo |
| Publisher | : Routledge |
| Total Pages | : 511 |
| Release | : 2021-02-22 |
| Genre | : Law |
| ISBN | : 0429582773 |
The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.
| Author | : Carlos Closa |
| Publisher | : Cambridge University Press |
| Total Pages | : 357 |
| Release | : 2016-10-13 |
| Genre | : Law |
| ISBN | : 1107108888 |
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
| Author | : Study Group on a European Civil Code |
| Publisher | : sellier. european law publ. |
| Total Pages | : 406 |
| Release | : 2008 |
| Genre | : Civil law |
| ISBN | : 3866530595 |
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
| Author | : Zane Rasnaca |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 591 |
| Release | : 2022-08-11 |
| Genre | : Law |
| ISBN | : 1509944435 |
This book by the ETUI Transnational Trade Union Rights Expert Network analyses enforcement as a key element making EU labour law effective or ineffective. Enforcement is the key ingredient that makes rights effective and ensures compliance. It can make or break a legal system. Despite this, enforcement of EU labour law has received little scholarly attention in recent decades and has rarely been examined in a comprehensive way. This book aims to fill this gap. Intended for academics and practitioners alike, the book adopts a threefold approach to examine this issue. First of all, it explores the idea of effective enforcement and sets out the wider context in which EU labour law enforcement takes place. Secondly, it analyses how enforcement operates in particular areas, including non-discrimination, health and safety, information and consultation rights, and the rights of migrating workers. Thirdly, it critically assesses the role of specific actors (in particular collective actors like trade unions, as well as whistle-blowers and the European Labour Authority) and settings (public procurement, economic and monetary policy) regulated by EU law. Drawing on the insights produced by these analyses, the book concludes by proposing a comprehensive Draft for a Model Directive on 'Effective Enforcement of EU Labour Law' as an inspiration for policy development and scholarly debate in this area.
| Author | : Council of Europe. Committee of Ministers |
| Publisher | : Council of Europe |
| Total Pages | : 133 |
| Release | : 2006-01-01 |
| Genre | : Law |
| ISBN | : 9287159823 |
This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.
| Author | : Patryk Pawlak |
| Publisher | : |
| Total Pages | : 103 |
| Release | : 2019 |
| Genre | : |
| ISBN | : 9789291988495 |
