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Unilateral Sanctions in International Law


ISBN13: 9781509948383
Published: June 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00



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This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are.

The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment.

This study finds that unilateral sanctions by a state or a group of states against another state as opposed to 'smart' or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.

Subjects:
Public International Law
Contents:
Introduction
Surya P. Subedi (University of Leeds, UK)
1. The Status of Unilateral Sanctions in International Law
Surya P. Subedi (University of Leeds, UK)
2. Shades of Grey: Autonomous Sanctions in the International Legal Order
Nigel D. White (University of Nottingham, UK)
3. Unilateral Sanctions: Creating Chaos at Bargain Rates
Joy Gordon (Loyola University, USA)
4. The Implications of Unilateral Sanctions for the Freedom of Aviation
Nick Grief (University of Kent, UK)
5. Impact of Unilateral Sanctions on Regional Integration Treaties with Special Reference to the Gulf Cooperation Council
Ali Abusedra (University of Hull, UK)
6. The Effect of Unilateral Sanctions on the Foreign Investment Law Regime
Nicolette Butler (University of Manchester, UK)
7. The World Trade Organisation and Unilateral Sanctions: Prohibited or Possible?
James Watson (European Energy Agency)
8. Unilateral Sanctions, Universal Postal Union and State Responsibility
Trisha Rajput (University of Gothenburg, Sweden)
9. Unilateral Coercive Measures: Towards International Humanitarian Law and International Human Rights
Louisa Ashley (Leeds Beckett University, UK)
10. Maritime Lawfare: The Impact of Unilateral Sanctions on Navigation and Seaborne Trade
Abhinayan Basu Bal (University of Gothenburg, Sweden)
11. Can Unilateral Sanctions and International Environmental Obligations of States Coexist?
Amrisha Pandey (Bhopal University, India)
12. Use of Cyber Means to Enforce Unilateral Coercive Measures in International Law
Abu Bakar Munir (University of Malaya, Malaysia), Ali Abusedra (University of Hull, UK) and Md. Toriqul Islam (Bangladesh University of Business and Technology)
Conclusions
Surya P. Subedi (University of Leeds, UK)
Appendix: Draft Declaration on the Rules of International Law on Unilateral Sanctions
Index