Law Commons^™

Economic Sanctions And Article V(2)(B) Of The New York Convention: A Touchy Interaction Exacerbated By The Ukraine-Russia Conflict, Alberto Pomari

Pepperdine Dispute Resolution Law Journal

States have deployed an unprecedented wave of unilateral sanctions in response to the Russian invasion of Ukraine. They have also escalated the political connotation of economic sanctions by aggressively implementing them extraterritorially. This exercise of lawfare, substituting economic sanctions for armed conflict, raises the question of whether to consider unilateral sanctions elements of public policy within the meaning of Article V(2)(b) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This article seeks to clarify the interplay between Article V(2)(b) and economic sanctions. Explaining the two different approaches that domestic courts implement worldwide, recent court …

The National Security Consequences Of The Major Questions Doctrine, Timothy Meyer, Ganesh Sitaraman

Michigan Law Review

The rise of the major questions doctrine—the rule that says that in order to delegate to the executive branch the power to resolve a “question of ‘deep economic and political significance’ that is central to [a] statutory scheme,” Congress must do so expressly—threatens to unmake the modern executive’s authority over foreign affairs, especially in matters of national security and interstate conflict. In the twenty-first century, global conflicts increasingly involve economic warfare, rather than (or in addition to) the force of arms.

In the United States, the executive power to levy economic sanctions and engage in other forms of economic warfare …

Checking The President’S Sanctioning Power In The New Age Of Economic Warfare, Jaden Mcquivey

Brigham Young University Prelaw Review

The United States President has nearly unlimited sanctioning power. This paper agrees with presidential authority over sanctions, which has been firmly established by the Trading With the Enemy Act of 1917, International Emergency Economic Powers Act in 1977, United States v. Curtiss-Wright Export Corp., and INS v. Chadha. However, this paper does not agree with unchecked sanctioning power. By simply declaring a national emergency, the President can legally justify most economic sanctions on foreign countries. Over the last few decades, the United States has entered a new state of “sanctioning madness” and is known for its particularly destructive unilateral sanctions. …

Turning Sanctions Into Reparations: Lessons For Russia/Ukraine, Evan J. Criddle

Faculty Publications

Within the past year, members of Congress have introduced nearly a dozen bills to make Russia pay for its military aggression against Ukraine. This Essay argues that none of the bills are satisfactory because they would either violate international law or fail to deliver meaningful compensation to Ukraine. Instead, the Essay urges policymakers to use economic sanctions as leverage to compel Russia to make reparations through an international claims-settlement process.

Sanctions And Consequences: Third-State Impacts And The Development Of International Law In The Shadow Of Unilateral Sanctions On Russia, Avidan Cover

Faculty Publications

In response to Russia’s invasion of Ukraine, NATO member states and their allies have imposed “unprecedented,” unilateral economic sanctions to hold Russia accountable, degrade its military capability, and limit its international financial access.1 From the outset, sanctioning states such as the United States have stated that they “designed these sanctions to maximize the long-term impact on Russia and to minimize the impact on [themselves and their] allies.”2 These sanctions on an economic power like Russia “have global economic effects far greater than anything seen before.”3 And there is concern that the unintended consequences of the sanctions will disproportionately harm developing …

How Private Actors Are Impacting U.S. Economic Sanctions, Maryam Jamshidi

Publications

Economic and trade sanctions are typically understood as the exclusive province of governments and intergovernmental organizations. Private parties have, however, long played a role in sanctions regimes. For example, private plaintiffs holding unsatisfied, terrorism-related civil judgments have used various U.S. federal statutes to enforce those judgments against assets blocked by U.S. sanctions. Most recently, plaintiffs with judgments against the Taliban have used some of those federal laws to execute against the financial assets of Afghanistan’s central bank. These and other efforts to enforce terrorism-related civil judgments are more than just attempts to collect on outstanding damages awards. Rather, they allow …

Parameters Summer 2022, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Dysfunctional Warfare: The Russian Invasion Of Ukraine, Rob Johnson

The US Army War College Quarterly: Parameters

Russia’s invasion of Ukraine was based on false premises, faulty assumptions, and a weak strategy. As the conflict has unfolded, heavy losses have imposed a strain on available Russian manpower. The Russian army reached a culminating point outside Kyiv and has exhibited little sign of operational learning. By contrast, Ukrainians have fought an existential war, making good use of dispersed light infantry tactics with high motivation levels. Western support has allowed them to compensate for their deficiencies in armaments and munitions. This commentary also shows military and policy leaders how the political context continues to impose limitations on the Ukrainians.

Retooling Sanctions: China’S Challenge To The Liberal International Order, Timothy Webster

Faculty Scholarship

Professor Tom Ginsburg has produced yet another classic of transnational law, political science, and international relations. Democracies and International Law yields important insights into the democratic nature of international law but cautions that authoritarian states can apply these very legal technologies for repressive or anti-democratic purposes. Building on Ginsburg’s theories of mimicry and repurposing, this contribution highlights the role of both techniques in the creation of China’s economic sanctions program. On the one hand, China has developed a basic set of tools to impose economic sanctions—a key instrument in the liberal international toolkit—on foreign entities and persons. In so doing, …

Marine Insurance Prohibitions In Contemporary Economic Warfare, Richard L. Kilpatrick, Jr.

International Law Studies

As States and supranational actors increasingly employ economic sanctions to promote security objectives, a recent trend has focused on the regulation of commercial shipping activities. These maritime sanctions have restricted port access for designated vessels, banned the import and export of certain cargo classes, enhanced authorization for vessel inspections, and even justified vessel seizures. Critically, these techniques have also included targeted prohibitions on marine insurance covering designated vessels and cargo. Designed to frustrate sanctioned actors in their attempts to utilize maritime assets for malign purposes, marine insurance prohibitions thwart these efforts and also blunt the ability to generate revenue through …

Sanctions And The Blurred Boundaries Of International Economic Law, Perry Bechky

Faculty Articles

Economic sanctions are often said to occupy a middle space between communiqués and combat. As this description makes clear, sanctions are a political tool – but a political tool that operates through economic regulation. They are simultaneously economic and political. Their dual nature seems to place sanctions in a twilight zone, neither truly in nor out of the academic discipline of international economic law (“IEL”). Sanctions tend to be marginalized in IEL scholarship, generally taking little space in the IEL literature and at the podiums of IEL conferences and courses. While economic sanctions loom large today in headline news and …

Race And The New Policing, Jeffrey Fagan

Faculty Scholarship

Several observers credit nearly 25 years of declining crime rates to the “New Policing” and its emphasis on advanced statistical metrics, new forms of organizational accountability, and aggressive tactical enforcement of minor crimes. This model has been adopted in large and small cities, and has been institutionalized in everyday police-citizen interactions, especially among residents of poorer, often minority, and higher crime areas. Citizens exposed to these regimes have frequent contact with police through investigative stops, arrests for minor misdemeanors, and non-custody citations or summons for code violations or vehicle infractions. Two case studies show surprising and troubling similarities in the …

Ofac: Hands Off Intellectual Property Rights, Keith Stolte

Journal of Intellectual Property Law

No abstract provided.

The Quandary Of Economic Sanctions, Gabriel Eckstein

Gabriel Eckstein

No abstract provided.

Improving Economic Sanctions In The States, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.

North Korean Time Bomb: Can Sanctions Defuse It? A Review Of International Economic Sanctions As An Option, Jeong Hwa Pires

Georgia Journal of International & Comparative Law

No abstract provided.

From Targeted Sanctions To Targeted Settlements--International Law-Making Through Effective Means, Marija Đorđeska

Marija Dordeska

No abstract provided.

Export Controls: A Contemporary History, Bert Chapman

Libraries Faculty and Staff Presentations

Provides highlights of my recently published book Export Controls: A Contemporary History. Describes the roles played by multiple U.S. Government agencies and congressional oversight committees in this policymaking arena including the Commerce, Defense, State, and Treasury Departments. It also reviews the roles played by international government organizations such as the Missile Technology Control Regime, export oriented businesses, and research intensive universities.

Overview And Operation Of U.S. Financial Sanctions, Including The Example Of Iran, Barry E. Carter, Ryan Farha

Georgetown Law Faculty Publications and Other Works

Financial sanctions are increasingly being used in the mix of international economic sanctions being employed by the United Nations, regional entities, and individual countries, including the United States. These financial sanctions have become more focused and effective as the tools and techniques have improved significantly for tracing and identifying the financial transactions of terrorists, weapons proliferators, human rights violators, drug cartels, and others. These sanctions can not only freeze financial assets and prohibit or limit financial transactions, but they also impede trade by making it difficult to pay for the export or import of goods and services.

In spite of …

The Politics Of Divestment, Perry S. Bechky

Perry S. Bechky

In the Sudan Accountability and Divestment Act (‘SADA’) of 2007, Congress authorized state governments to divest from businesses investing in Sudan. Congress took this unprecedented step in the face of objections from the Bush Administration and the business community that state divestment intrudes unconstitutionally into the exclusive foreign-relations prerogatives of the federal government. SADA would be remarkable enough if it allowed state divestment while adhering to a dualist conception of federalism. This paper explores the possibility that SADA and its progeny – the Comprehensive Iran Sanctions, Accountability, and Divestment Act (‘CISADA’) of 2010 – may signal the emergence of a …

Security Council Targeted Sanctions, Due Process And The 1267 Ombudsperson, Grant L. Willis

Grant L Willis

Since its inception the Security Council’s 1267 sanctions regime has come under fire from UN member states, listed individuals and entities, domestic and international courts and tribunals, human rights NGO’s and even other organs of the UN, that all claim the 1267 sanctions regime does not secure targeted individuals’ procedural due process rights, particularly the right to an effective remedy. For instance, in June 2009 a Canadian Federal Court Judge noted that the 1267 sanctions regime creates a situation for the listed individual that is “not unlike that of Josef K. in Kafka’s The Trial, who awakens one morning, and …

Unwitting Sanctions: Understanding Anti-Bribery Legislation As Economic Sanctions Against Emerging Markets, Andrew B. Spalding

Andrew B Spalding

Although the purpose of international anti-bribery legislation such as the U.S. Foreign Corrupt Practices Act is to deter bribery, empirical evidence demonstrates a more problematic effect. In countries where bribery is perceived to be relatively common, the present enforcement regime goes beyond deterring bribery and actually deters investment. Drawing on literature from political science and economics, this article argues that anti-bribery legislation, as presently enforced, functions as de facto economic sanctions. A detailed analysis of the history of FCPA enforcement shows that these sanctions have most often occurred in emerging markets, where historic opportunities for economic and social development otherwise …

Eu Law, International Law And Economic Sanctions Against Terrorism: The Judiciary In Distress?, P. Takis Tridimas

Journal Articles

This article seeks to examine the relationship between European Union law, international law, and the protection of fundamental rights in the light of recent case law of the European Court of Justice (ECJ) and the Court of First Instance (CFI) relating to economic sanctions against individuals. On 3 September 2008, the ECJ delivered its long-awaited judgment in Kadi and Al Barakaat on appeal from the CFI. In its judgment under appeal, the CFI had held that the European Community (EC) is competent to adopt regulations imposing economic sanctions against private organizations in pursuance of UN Security Council (UNSC) Resolutions seeking …

Retooling Economic Sanctions, E. Michael Abler

E. Michael Abler

The international system stands at a crossroads. To the right, the road leads towards a New Internationalism defined by international norms, transnational organizations, and collective security. To the left, the road continues along the traditional realpolitik path marked by the preeminence of nation-state sovereignty, national self-interest, and balances of power. A critical factor in determining which road to take is how well the current collective security arrangement keeps the peace. That arrangement is centered on the U.N. Charter and the Security Council, which has relied heavily on economic sanctions to addresses breaches of peace and security. Critics contend that economic …

Economic Sanctions Against Human Rights Violations, Buhm Suk Baek

Cornell Law School Inter-University Graduate Student Conference Papers

The idea of human rights protection, historically, has been considered as a domestic matter, to be realized by individual states within their domestic law and national institutions. The protection and promotion of human rights, however, have become one of the most important issues for the international community as a whole. Yet, with time, it has become increasingly difficult for the international community to address human rights problems collectively. Despite a significant development in the human rights norms, effective protection of fundamental human rights and their legal enforcement has a long way to go.

This paper will argue that economic sanctions …

Feeling Good Or Doing Good: Inefficacy Of The U.S. Unilateral Sanctions Against The Military Government Of Burma/Myanmar, Thihan M. Nyun

Thihan M Nyun

No abstract provided.

S. 970, The Iran Counter-Proliferation Act Of 2007, Orde F. Kittrie

Congressional Testimony

No abstract provided.

The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang

Articles in Law Reviews & Other Academic Journals

In recent years, the issue of human trafficking - the recruitment or movement of persons by means of coercion or deception into exploitative labor or slavery-like practices - has moved from the margins to the mainstream political agenda. The rapid proliferation of international, regional and domestic anti-trafficking laws bespeaks universal condemnation of the practice, but belies deep divisions among States over how to define and approach the problem. It is thus significant that the international community was able to reach consensus and conclude a new international law on trafficking - the Palermo Protocol. But just weeks before the signing of …

United States-European Union Dispute On Foreign Source Income, Export Activity, And The Extraterritorial Income Exclusion Act, Colleen Klanchnik

Hofstra Law Review

No abstract provided.

Economic Sanctions, Justin D. Stalls

University of Miami International and Comparative Law Review

No abstract provided.