While sanctions proliferated after the Cold War, concerns remain about their effectiveness and humanitarian impact. In addressing these concerns, scholars have offered diverse frameworks generally emphasizing sanctions' design or application. This thesis argues that the proper focus of concern is conceptually prior to each of these. In fact, lacking political will has been characteristic of sanctions cases and the root of sanctions' failures. Significantly, the cost-benefit calculus informing policymakers' political will has been systematically incomplete. Sanctions are often judged on their lifting, in the country on which they were imposed, yet this unreasonably crops out broader sanctions' impact. Sanctions have an understudied capacity for creating vacuums filled by indigenous influences, for lastingly restructuring societies, and for affecting human capital, each in a manner obstructive of post-conflict peacebuilding and reconstruction. This has vital policy relevance given its impact on substantive international peace and security, the breech of which initially spurs sanctions. Contemporary efforts in Iraq, Haiti, Serbia, and South Africa are explored in illustration.

Th. Etat--Droit--Toulouse, 1966. / Bibliogr. p. 527-568.

Texte remanié de: Th. doct.--Droit. / Bibliogr. p. 417-447. Index.

No description available.

The growth in the use of collective and unilateral economic sanctions in the post-Cold-War epoch calls for a re-examination of the legal basis and constraints on the implementation of sanctions. This thesis is an attempt to explore, from a legal point of view, the problems and restrictions associated with sanctions, and suggest ways in which economic sanctions can be rendered more legitimate in terms of international legal requirements. / Unilateral and collective economic sanctions are based on different legal premises: the traditional theory of retaliation and treaty principles respectively. It will be argued that a breach of an erga omnes obligation is also a legitimate legal basis for economic sanctions. / Key cases in which sanctions have been used will be reviewed and it will be contended that, in addition to traditional economic considerations, sanctions should be subject to other limitations such as respect for principles of international humanitarian law. Issues regarding the legitimacy of the Security Council's actions and authority will also be addressed and possible ways of controlling the actions of the Security Council will be put forth. / After determining the restrictions on implementation of sanctions, proposals for refining current practices of imposing economic sanctions are submitted. In conclusion, it is submitted that unilateral sanctions are subject to serious legal constraints and that collective sanctions have the potential of being used in a more humane and institutionally coherent way.

No description available.

US economic sanctions, in the opinion of most observers, have not succeeded in attaining the desired objectives. Sanctions often impact US businesses negatively as well as other domestic and foreign constituencies. Our review of economic sanctions suggests that the US should adopt a phased approach in imposing sanctions. In the pre-economic sanctions phase, the US Government should pursue a strategy of engagement using specific incentives (and penalties) to change a targeted country's offensive behaviour. If engagement is unsuccessful, the second phase should include identifying a range of economic sanctions to achieve clearly stated objectives and assessing their potential impact on various groups. In the third phase, the US Government would impose sanctions, monitoring them regularly to determine if they should be adjusted or rescinded. The framework in this paper for all three phases may help to develop a systematic process for applying sanctions.

US economic sanctions, in the opinion of most observers, have not succeeded in attaining the desired objectives. Sanctions often impact US businesses negatively as well as other domestic and foreign constituencies. Our review of economic sanctions suggests that the US should adopt a phased approach in imposing sanctions. In the pre-economic sanctions phase, the US Government should pursue a strategy of engagement using specific incentives (and penalties) to change a targeted country's offensive behaviour. If engagement is unsuccessful, the second phase should include identifying a range of economic sanctions to achieve clearly stated objectives and assessing their potential impact on various groups. In the third phase, the US Government would impose sanctions, monitoring them regularly to determine if they should be adjusted or rescinded. The framework in this paper for all three phases may help to develop a systematic process for applying sanctions.

Diss.--Juristische Fakultät--Universität Heidelberg, 2002. / Mention parallèle de titre ou de responsabilité : The @implementation of UN-economic sanctions by the European Community. Bibliogr. p. 517-571. Index.

This thesis asks a simple question: what is the state of Canada’s sanctions practice since 1990? In a post-Cold War environment, sanctions have become one of the most commonly applied tools of statecraft. Sanctions are commonly applied to address all manner of crises be they interstate aggression, intrastate humanitarian crises, civil wars, illegal seizures of power, arms proliferation, and international terrorism. There has been no sustained analysis of Canada’s use of sanctions since Kim Richard Nossal’s book Rain Dancing, which only investigated Canada’s application of sanctions in comparison to Australia’s until 1990. Therefore, there is a significant gap in the general sanctions literature and, more worrisome, Canada’s foreign policy literature. This thesis conducts an investigation into Canada’s use of sanctions since 1990 to establish when, why and with whom Canada has applied economic sanctions. / October 2015