Corruption and Targeted Sanctions, Anton Moiseienko analyses the blacklisting of foreigners suspected of corruption and the prohibition of their entry into the sanctioning state from an international law perspective. The implications of such actions have been on the international agenda for years and have gained particular prominence with the adoption by the US and Canada of the so-called Magnitsky legislation in 2016. Across the Atlantic, several European states followed suit. The proliferation of anti-corruption entry sanctions has prompted a reappraisal of applicable human rights safeguards, along with issues of respect for official immunities and state sovereignty. On the basis of a comprehensive review of relevant law and policy, Anton Moiseienko identifies how targeted sanctions can ensure accountability for corruption while respecting international law.
European Judicial Responses to Security Council Resolutions: A Consequentialist Assessment, Kushtrim Istrefi examines the multiple effects of European courts decisions as regards Security Council targeted sanctions and security detentions interfering with fundamental rights. He elaborates what type of judicial responses ensured real and practical respect for human rights for the petitioners, encouraged Security Council due process reform, clarified Security Council authorisations on security detentions, and tested the primacy and universal character of the UN Charter.
Making use of legal and non-legal instruments, Istrefi sheds some light upon what happened to, among others, petitioners, the SC due process reform agenda, and the UN Charter after such cases as
Brill´s International Law E-Books Online, Collection 2019is the electronic version of the book publication program of Brill in the field of International Law in 2019
Coverage: Public International Law, Law of the Sea, International Trade Law, International Labour Law, Environmental Law, European Law, International Relations, International Organizations , Terrorism, Legal History, Islamic Law
This E-Book Collection is part of Brill´s International Law E-Books Online Collection.
The title list and free MARC records are available for download
The Italian Yearbook of International Law aims at making accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XVII (2007) is organised in three main sections. The first contains doctrinal contributions on the timely issue of the individual right of access to justice and focuses on the Inter-American human rights system, on remedies against acts of international organisations and UN Security Council’s targeted sanctions, and on the participation of
amici curiae in investor-State arbitrations. This section includes also shorter notes on current developments in the field of private military contractors and foreign direct investment in the recovery of cultural heritage, as well as surveys of the practice of ICJ, ITLOS, international criminal tribunals, WTO, ICSID, and the ECtHR.
The second section covers the Italian practice in the areas of i) judicial decisions; ii) diplomatic and parliamentary practice; iii) treaty practice; and iv) national legislation. The third section contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The volume ends with an analytical index for ready consultation that includes the main judicial cases and legal instruments cited throughout the
United Nations Sanctions - Mohamed BENNOUNA
In this course, Mohamed Bennouna, permanent representative of Morocco to the UN, sets out to analyze the phenomenon of the United Nations' economic sanctions by closely observing international practices. Mr. Bennouna first tackles the question of imposing economic sanctions as a means of pressure. His areas of interest in this matter are international legality and the invocation of chapter VII of the UN Charter, as well as the purpose of the sanctions and the re-establishment of international legality. Secondly, Mr. Bennouna describes the collateral damage caused by the sanctions (the impact on the target country's population and third countries' population). Mr. Bennouna also describes the process of monitoring the application of economic sanctions (monitoring of the sanctions' application by Member States and by the sanction committees). Finally, the author pays attention to the question of targeted sanctions known as smart sanctions, and he concludes by describing the process of lifting the economic sanctions (suspension of the sanctions and withdrawal of the sanctions).
The Codification of International Trade Law and Private International Law - Normative Governance through Transnational Economic Relations - Catherine KESSEDJIAN
In this course, Catherine Kessedjian, professor at the University Pantheon-Assas (Paris II) sets out to determine the concrete reality of the legal standards created to govern transnational business transactions, in order to present as objective a view as possible of the subject: the relations between International Trade Law and Private International Law. Professor Kessedjian develops her subject in four steps. After explaining the concepts and definitions she employs (codification, concepts of international trade law and private international law), professor Kessedjian reports on the diversity of the sources (public sources, private sources). She then introduces in the chapter "The Standard" the elements that influence the standard's structure and highlights the choice which must be made between material standard and conflict standard. Finally, Professor Kessedjian reflects on the role of the judge from different perspectives.
Law of the Economic and Monetary Union - René SMITS
In this course, Professor René Smits, holder of the Jean Monnet chair at the University of Amsterdam, discusses the law of the Economic and Monetary Union. After a brief overview of the historical background, professor Smits focuses on the Economic Union, the Monetary Union, the European System of Central Banks (consisting of the central banks of the Member States and the European Central bank), the euro, and the external aspects of the Economic and Monetary Union. Professor Smits takes care to point out that the EMU (Economic and Monetary Union) contains an "E", which should not be forgotten for the unique benefit of the monetary union and the euro.
Volume XXVII of the
Italian Yearbook of International Law features a Symposium on sanctions and restrictive measures in international law. The Symposium addresses:
i) the legal status of autonomous and collective sanctions in international law;
ii) the EU practice relating to the adoption of restrictive measures;
iii) the standard of review for the legality of economic sanctions under the security exception clauses in international trade agreements;
iv) the sanctions against Russia by the Parliamentary Assembly of the Council of Europe;
v) the implementation of targeted sanctions in the Italian legal order; and
vi) the role of sanctions in the UN architecture on children and armed conflict. There follows a Focus section on the ILC’s work on the identification of customary international law, with contributions zooming in on
i) the value of domestic case law in the identification and formation of customary law;
ii) the identification of exceptions to customary norms;
iii) the “specialty” of customary human rights law; and
iv) the persistent objector rule. The volume further contains timely contributions on the referenda in Catalonia and Kurdistan, on the Treaty on the Prohibition of Nuclear Weapons, on the EU Conflict Minerals Regulation, and on the Memorandum of Understanding between Italy and Libya on cooperation to combat illegal migration. As in every volume the following sections, each containing a wealth of new information, are included:
Practice of International Courts and Tribunals and Italian Practice Relating to International Law. The remaining part of the Volume contains a bibliographical index of Italian contributions to international law scholarship published in 2017, a book review section, and an analytical index for easy consultation and reference to materials cited in the
Yearbook. Published with the contributions of ENI and Tenaris. Please click here for the
online version and the abstracts of the articles of
The Italian Yearbook of International Law.
This collection of essays—written by friends and colleagues of Joakim Dungel—focuses on the protection of the innocent during and after war. It is a tribute to Joakim’s life and work. Joakim made a significant contribution to international justice and the rule of law, through his service to the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Temporary International Presence in Hebron, and the United Nations Assistance Mission in Afghanistan. He was also a prolific author and published scholarly works on a wide range of issues, including command responsibility, national security interests, the right to humanitarian assistance during internal armed conflicts, and crimes against humanity. This book continues Joakim’s work with in-depth analyses of a variety of issues arising under modern conflict, such as the application of international humanitarian law and international human rights law to aerial drone attacks, targeted sanctions, and reparations to victims. Joakim understood these complex and interlinked issues and dedicated his professional life to engaging with them. Through his work and his scholarship, he demonstrated the crucial importance of adopting victim-centred approaches to dealing with the consequences of armed conflict and to its prevention. This was also why he chose to work for the United Nations as a human rights officer in Afghanistan. This book attempts to honour and affirm Joakim’s choice.
Max Planck Yearbook of United Nations Law (UNYB), founded in 1997, appears under the auspices of the Max Planck Foundation for International Peace and the Rule of Law. It has a three-tier structure: The first part, ‘The Law and Practice of the United Nations’, concentrates on the legal fundamentals of the UN, its Specialized Agencies and Programmes. The second part, ‘Legal Issues Related to the Goals of the United Nations’, analyzes achievements with regard to fulfilling the main objectives of the UN. The third part consists of an overview of the key developments at the UN for the reporting year. The UNYB addresses both scholars and practitioners, giving them insights into the workings, challenges and evolution of the UN.
The Yearbook is now available online. Learn more about the electronic product here: www.brill.com/max-planck-yearbook-united-nations-law-online
Contributors: Yasser Abdelrehim, Pia Acconci, Lance Bartholomeusz, Hermann-Josef Blanke, Shane Chalmers, Benjamin Davy, Ulrike Davy, Eric De Brabandere, Georgios Dimitropoulos, Juan Camilo Fandiño-Bravo, Jeremy Farrall, Sophie Fink, Elisa Freiburg, Brian E. Frenkel, Robin Geiss, Ezequiel Heffes, Ronald Janse, Marcos D. Kotlik, Frauke Lachenmann, Lutz Leisering, Frédérique Lozanorios, Fruzsina Molnár-Gábor, Jessica Pressler, Tilmann J. Röder, Maximilian Spohr, Mindia Vashakmadze, Martin Wählisch, Edith Wagner, Astrid Wiik, Daniel Wisehart.
The Identity and Continuity of Personal Status in Contemporary Private International Law, by
Francesco Salerno, Professor at the University of Ferrara.
The course is concerned with the personal statuses of individuals and their regulation in cross-border situations. Human rights considerations, the substantive policies of States and the increasing weight accorded to self-determination are crucial to understanding the way in which contemporary private international law deals with matters related to status. The fundamental principles of the forum State, particularly those resulting from its Constitution and its international obligations, shape the approach of that State to personal statuses created abroad or in accordance with foreign rules. The purpose of those principles is two-fold. On the one hand, they set a minimum threshold for the acceptance of foreign personal statuses, and thus work as an obstacle to the recognition of statuses that fall short of meeting the relevant local standards. On the other hand, where recognition is a means of promoting the fundamental values of the forum State, the principles in question facilitate the recognition of foreign statuses, and may in fact ensure that a status can be relied upon in the forum in situations where the ordinary rules of private international law would provide otherwise.
United Nations Accountability for Violations of International Human Rights Law, by
Christine M. Chinkin, Professor at the University of Michigan.
The course examines UN accountability for human rights violations, drawing on my experience as a member of the Human Rights Advisory Panel (HRAP) that advised UNMIK on its compliance with international human rights standards. It outlines the contexts in which alleged human rights violations attributable to the UN arise, with examples taken especially from the HRAP case law; the concepts of responsibility and accountability of international organisations; the obstacles facing an individual seeking redress against the UN in national courts; and mechanisms adopted by the UN for determining accountability, including the HRAP. UNMIK's failure to respond to the HRAP’s recommendations for redress leads to consideration of what a future UN accountability mechanism might look like. The central proposition is that when the UN exercises power and control over individuals, it should be subject to the same human rights constraints in the exercise of those powers as states and be held accountable when it falls short.
The traditional and mainstream conception of international law presupposes a certain ideal type of State. However, each State is situated in a particular context – an
Etat situé – and the universal, impartial and non-discriminatory application of international law to each State often produces unjustifiable results in the real world. International law thus needs to cope with this existential question in order to ensure and maintain the effectiveness of the international legal order, without, however, being trapped by a nihilistic relativism. This approach requires a flexible understanding and reconstruction of the international law-making theory. The present collection of essays gathers contributions written in honour of Professor Ryuichi Ida by his colleagues and former students, inspired by the dédicataire, who places particular emphasis upon the context, effectiveness and purposes of international law. The dédicataire’s perspective finds wide ranging applications and the present collection deals with international economic law, international criminal law, international environmental law, international law-making, the law of State responsibility and the law of international organizations.
Contributors are: Tatsuya Abe, Pierre-Marie Dupuy, Shotaro Hamamoto, Machiko Kanetake, Tomohiko Kobayashi, Tomonori Mizushima, Hironobu Sakai, Akiho Shibata, Mari Takeuchi, Dai Tamada, Sakda Thanitcul, Zhi-an Wang, and Takuhei Yamada.