administration policy toward South Africa. He places the necessity for targetedsanctions in the context of both international relations and race relations within the United States.keywordsSouth Afric...
During the year, factional fights in both major parties were played out in the open. While the succession war in the Zimbabwe African National Union-Patriotic Front (ZANU-PF) seemed to have produced a victor – at least for the time being – the conflicts in the fractured and weakened opposition Movement for Democratic Change-Tsvangirai (MDC-T) raised more questions than answers. There was no substantive shift on the foreign affairs scene, the only movement being the lifting of targeted sanctions on some individuals and companies. The economy did not perform well, with critics and commentators indicating that the country was rapidly sliding back to the harrowing meltdown of 2008. ‘Illegal’ Western sanctions continued to be government’s favourite scapegoat for the economic woes.
The UK government is currently proposing the enactment of a “Sanctions Act” upon the UK’s withdrawal from the EU in 2019, embodying a right to impose “autonomous sanctions” against other states and non-state actors, on the basis that the UK will no longer be able to benefit from the EU’s collective sanctioning competence. The spotlight is again on the nature and purposes of sanctions in international law. The article addresses the legal framework applicable to sanctions by, first of all, showing that the nature of sanctions is different in the international legal order to how it is conceived in domestic legal orders in that sanctions are primarily imposed in response to threats to or breaches of the peace and, in so doing, the analysis will distinguish sanctions from countermeasures and other non-forcible measures. It then proceeds to demonstrate that the values of peace and security that underpin sanctions are essentially normative and should be seen as part of the international legal order and enforceable through sanctions alongside other fundamental norms of international law. Whether viewed as responses to breaches of international law or not, the analysis shows that sanctions are collective measures exclusively within the competence of international organizations. Having established the conceptual and legal frameworks for understanding sanctions, the article considers sanctions imposed against states and non-state actors, and explores whether the move towards targeted sanctions is a form of collective response to violations of international law. The article finishes by considering that, in contrast to countermeasures and other measures of self-help, collective sanctions are inherently lawful, but can only be legally justified as measures adopted out of a necessity to prevent major ruptures to peace and international law.
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.
rights record remained extremely worrying. The EU Commission nevertheless made a grant to the government of $ 122 m for the period 2009–13. Eritrea's border conflict with Ethiopia was not solved. In December, the UN Security Council imposed targetedsanctions on Eritrea because of its alleged military
Adjudicating International Human Rights honours Professor Sandy Ghandhi on his retirement from law teaching. It does so through a
series of targeted essays which probe the framework and adequacy of international human rights adjudication. Eminent international law
scholars (such as Sir Nigel Rodley, Professor Javaid Rehman and Professor Malcolm Evans), along with emerging writers in the field, take Professor Ghandhi’s body of work—focussed on human rights protection through legal institutions—as a starting point for a variety of analytical essays. Adjudicating International Human Rights includes chapters devoted to human rights protection in a number of different institutional contexts, ranging from the ICJ and the Human Rights Committee to truth commissions and NAFTA arbitration tribunals.
International Organizations and Member State Responsibility: Critical Perspectives is the first international public law book entirely devoted to the topic of member state responsibility. Throughout its ten contributions, it takes stock of the legal developments brought about by the International Law Commission’s work on international responsibility, and critically unveils the major remaining conceptual gaps in the field.
The novel approaches offered in the book serve as a repository of the various understandings within academia and legal practice that reflect the evolution of the contemporary law of international (member state) responsibility.
Contributors: Ana Sofia Barros, Cedric Ryngaert, Jan Wouters, Antonios Tzanakopoulos, Catherine Brölmann, Esa Paasivirta, Francesco Messineo, Ige Dekker, Jean d’Aspremont, Niels Blokker, Paolo Palchetti, Ramses Wessel, Tom Dannenbaum
This Volume was previously published as International Organizations Law Review Vol. 12, issue 2 (2015).
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.
This Liber Amicorum appears on the occasion of Professor Vera Gowlland-Debbas' retirement from the Graduate Institute. It includes contributions by her colleagues and friends from distinguished universities and international institutions. It covers different fields in which she has excelled. This collective work is divided into three main sections. The first section examines matters concerning the law of the United Nations. The second section is devoted to human rights and international humanitarian law. The third section addresses issues related to law-making, compliance with international law and the peaceful settlement of disputes. The result is a collection of stimulating analysis of most of the topical problems of international law. The contributions are in both English and French.
The Pursuit of a Brave New World in International Law presents critical perspectives on various inter-related themes in the areas of human rights, international law, terrorism and international criminal justice. The discussions reflect the wide-ranging subjects that John Dugard has engaged with over the last five decades as an international law scholar, teacher and judge. The essays pay homage to Professor Dugard’s impressive body of work as both a theorist and practitioner of international law and international human rights law. While some of the discussions in the volume critically examine his views, as expressed in his academic writings, judicial opinions and official United Nations reports, others deal with subjects that have been inspired by or are related to Dugard’s work.
Contributors are: Neil Boister, Trevor P. Chimimba, James Crawford, David Dyzenhaus, Christopher Greenwood, Larissa van den Herik, Christof Heyns, Maurice Kamto, Tiyanjana Maluwa, Max du Plessis, Thomas Probert, Arnold Pronto, Philippe Sands, William A. Schabas, Ivan Shearer, Hennie Strydom, Mia Swart, Dire Tladi, Annemarieke Vermeer-Künzli and Abdulqawi Yusuf.