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Research Handbook on Unilateral and Extraterritorial Sanctions

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Research Handbook on Unilateral and Extraterritorial Sanctions

9781839107849 Edward Elgar Publishing
Edited by Charlotte Beaucillon, Professor of Law, Faculty of Legal, Political and Social Sciences, University of Lille, France
Publication Date: August 2021 ISBN: 978 1 83910 784 9 Extent: c 520 pp
Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy.

This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions.

Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.

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Critical Acclaim
Contributors
Contents
More Information
Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy.

This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions.

Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.
Critical Acclaim
‘Charlotte Beaucillon and her 27 co-authors have produced a true “Treatise on extraterritorial sanctions” with an orderly plan that makes it possible to cover a formidably complex subject from various angles. Often confiscated by the common law doctrine, this theme is the object of cross-perspectives by specialists with very diverse backgrounds, which enrich one another while not detracting from the didactic clarity of the book. A major contribution to the knowledge of a key phenomenon of contemporary international relations.’
– Alain Pellet, Université Paris Nanterre, France

‘The Research Handbook on Unilateral and Extraterritorial Sanctions provides an impressive collection of contributions on a topic of ever-growing importance. Beaucillon has aptly managed to bring together some of the main experts in this burgeoning field to put together what is perhaps the most comprehensive volume to-date dedicated specifically to extraterritorial sanctions. The book provides a useful tour d’horizon, mapping different regional perspectives on extraterritorial sanctions, and addressing their legality and impact on companies and individuals in a structured manner. Leaving no stone unturned, the book will be of significant value to scholars, practitioners and policy-makers alike.’
– Tom Ruys, Ghent University, Belgium
Contributors
Contributors include: C. Beaucillon, E. Breen, C. Cai, R. Chauhan, L. Chercheneff, E. De Brabandere, P.-E. Dupont, M. Eeckhoudt, Z. Goldman, A. Hanson, A. Hofer, D. Holloway, P. Iļjenkovs, Y. Kerbrat, A. Lindblom, G. Mallard, A. Moiseienko, E. Moret, C. Portela, I. Prezas, S. Robert-Cuendet. H. Strydom, J. Sun, J.-M. Thouvenin, I. Timofeev, M. Ubéda Saillard, D. Ventura, I. Znotiņa
Contents
Contents:

1 An introduction to unilateral and extraterritorial sanctions: definitions,
state of practice and contemporary challenges 1
Charlotte Beaucillon

PART I CONTEMPORARY STATE PRACTICE
2 Unilateral and extraterritorial sanctions in crisis: implications of their
rising use and misuse in contemporary world politics 19
Erica Moret
3 South Africa’s position and practice with regard to unilateral and
extraterritorial coercive sanctions 37
Hennie Strydom
4 From pessimism to accommodation: India’s stand and practice on
unilateral sanctions 55
Rishika Chauhan
5 China’s position and practice concerning unilateral sanctions 70
Congyan Cai
6 Unilateral and extraterritorial sanctions policy: the Russian dimension 90
Ivan N. Timofeev
7 The European Union’s position and practice with regard to unilateral
and extraterritorial sanctions 110
Charlotte Beaucillon
8 The US position and practice with regards to unilateral and
extraterritorial sanctions: reimagining the US sanctions regime in
a world of advanced technology 129
Zachary Goldman and Alina Lindblom

PART II REGIME UNDER INTERNATIONAL LAW
9 Articulating UN sanctions with unilateral restrictive measures 148
Jean-Marc Thouvenin
10 Unilateral/extraterritorial sanctions as a challenge to the theory of jurisdiction 164
Yann Kerbrat
11 Unilateral sanctions as a challenge to the law of state responsibility 185
Alexandra Hofer
12 Unilateral and extraterritorial sanctions and international investment law 203
Sabrina Robert-Cuendet
13 Contemporary blocking statutes and regulations in the face of unilateral
and extraterritorial sanctions 220
Daniel Ventura
14 Challenging unilateral and extraterritorial sanctions under international
economic law: exploring leads at the WTO and the OECD 238
Lena Chercheneff

PART III IMPACT ON ECONOMIC OPERATORS
15 Corporations and US economic sanctions: the dangers of overcompliance 255
Emmanuel Breen
16 Embedded extraterritoriality: US judicial litigation and the global
banking surveillance of digital money flows 269
Grégoire Mallard and Anna Hanson
17 Using extraterritorial sanctions in the fight against financial crime in
Latvia: from silver lining to over compliance 287
Ilze Znotiņa and Paulis Iļjenkovs
18 Resisting from the bench: an overview of French and UK courts’
jurisprudence on unilateral and extraterritorial sanctions 305
Marjorie Eeckhoudt
19 International bank settlement in China and unilateral sanctions-related
disputes: sources, remedies and procedures 322
Jin Sun
20 Unilateral sanctions through an international arbitration lens: procedural
and substantive issues 341
Eric De Brabandere and David Holloway

PART IV IMPACT ON HUMAN RIGHTS
21 Unilateral sanctions as unilateral coercive measures: discussing
coercion at the UN level 365
Pierre-Emmanuel Dupont
22 From targeted states to affected populations: exploring accountability
for the negative impact of comprehensive unilateral sanctions on human rights 384
Ioannis Prezas
23 Due process and unilateral targeted sanctions 404
Anton Moiseienko
24 The right to be protected from the criminal enforcement of
extraterritorial sanctions: lessons learned from the Huawei case 423
Muriel Ubéda-Saillard
25 Horizontal sanctions regimes: targeted sanctions reconfigured? 440
Clara Portela

Index

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