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020 _a9783031690198
_9978-3-031-69019-8
024 7 _a10.1007/978-3-031-69019-8
_2doi
050 4 _aK3236-3268.5
072 7 _aJPVH
_2bicssc
072 7 _aLAW013000
_2bisacsh
072 7 _aJPVH
_2thema
245 1 0 _aInternational Sanctions and Human Rights
_h[electronic resource] /
_cedited by Pavel Šturma.
250 _a1st ed. 2024.
264 1 _aCham :
_bSpringer Nature Switzerland :
_bImprint: Springer,
_c2024.
300 _aVIII, 294 p.
_bonline resource.
336 _atext
_btxt
_2rdacontent
337 _acomputer
_bc
_2rdamedia
338 _aonline resource
_bcr
_2rdacarrier
347 _atext file
_bPDF
_2rda
505 0 _a1. Introduction -- 2. The notion of “sanctions” and “countermeasures” in international law -- 3. Sanctions from the point of view of (general) legal theory -- 4. Sanctions or restrictive measures in the EU law -- 5. State to State Sanctions: An Exception to Immunity of State and its Property, and of State Representatives? -- 6. United Nations sanctions and humanitarian exceptions -- 7. Human Rights Influencing Targeted Sanctions. On the role of international treaties on human rights and treaty mechanisms in relation to sanctions -- 8. Illegality of sanctions (or coercive measures) against the International Criminal Court -- 9. Sanctions from the perspective of the right to property. Confiscation of Assets -- 10. Due process and other procedural safeguards -- 11. Application of sanctions and the international commercial arbitration -- 12. The review of targeted sanctions of the UN and the EU at international level -- 13. Judicial approaches towards countermeasures in “background” disputes -- 14. Trapping European Companies Between Scylla and Charybdis: Unfulfilled Promises of the EU Blocking Statute.
520 _aThe word "sanctions" is currently used more than ever before not only in the media, political statements, but also in legal discourse. Apart from this very widely cited term, European Union documents tend to refer also to "restrictive measures" while international law parlance embraces the concept of "countermeasures" (being the modern equivalent of peaceful reprisals from the point of view of general customary international law), i.e. individual coercive measures, or "security measures", which is a term used in some treaties. Sanctions or measures, whatever they are called, are a necessary and legitimate response to Russian aggression in Ukraine in the current situation. However, this does not rule out certain legal problems. The nature of these measures must be assessed in the light of international law. From this point of view, finding answers to the following questions is essential. Is the content of these measures generally consistent or contrary to the rules of international law? Who is authorized to decide on the introduction and content of these measures? Can these measures produce extraterritorial effects? Do sanctions targeting individuals (natural and legal persons) violate their human rights (right to property, right to fair trial, etc.)? Which type of information can be used as a basis for imposing sanctions against these individuals? Are there sufficient procedural safeguards and remedies at national and international level? Can some restrictive measures be reviewed and possibly overturned by courts? Are individuals who have been wrongfully added on sanction lists entitled to any compensation?
650 0 _aHuman rights.
_958427
650 0 _aInternational law.
_958292
650 1 4 _aHuman Rights.
_958427
650 2 4 _aPublic International Law.
_957414
700 1 _aŠturma, Pavel.
_eeditor.
_4edt
_4http://id.loc.gov/vocabulary/relators/edt
_989114
710 2 _aSpringerLink (Online service)
773 0 _tSpringer Nature eBook
776 0 8 _iPrinted edition:
_z9783031690181
776 0 8 _iPrinted edition:
_z9783031690204
776 0 8 _iPrinted edition:
_z9783031690211
856 4 0 _uhttps://doi.org/10.1007/978-3-031-69019-8
912 _aZDB-2-LCR
912 _aZDB-2-SXLC
999 _c65812
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