Books: 'Sanctions under law'

1

Marossi, Ali Z., and Marisa R. Bassett, eds. Economic Sanctions under International Law. The Hague: T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-051-0.

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2

Boulden, Jane. The application of sanctions under Chapter VII of the United Nations Charter: Contemporary assessment : a report of the Mohonk Mountain House Workshop. [Ottawa, Ont.]: Canadian Centre for Global Security, 1994.

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3

Bastos, Maria Ines. Winning the battle to lose the war: Brazilian electronics policy under US threat of sanctions. Ilford, Essex, England: F. Cass, 1994.

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4

Koutrakos, Panagiotis. Interactions between community law and the common foreign and security policy: The legal regulation of sanctions, exports of dual-use goods and armaments under the law of the European Union. Birmingham: University of Birmingham, 1999.

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5

Family unification, employer sanctions, and anti-discrimination under IRCA: Hearing before the Subcommittee on Immigration, Refugees, and International Law of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, second session ... August 23, 1988. Washington: U.S. G.P.O., 1989.

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6

US GOVERNMENT. An Act to Amend Chapter 89 of Title 5, United States Code, to Improve Administration of Sanctions against Unfit Health Care Providers under the Federal Employees Health Benefits Program, and for Other Purposes. [Washington, D.C.?: U.S. G.P.O., 1998.

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7

Office, General Accounting. International trade: Trade law remedies under floating exchange rates : report to the Chairman, Subcommittee on International Trade, Committee on Finance, United States Senate. Washington, D.C: The Office, 1986.

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8

Osteneck, Kathrin. Die Umsetzung von UN-Wirtschaftssanktionen durch die Europäische Gemeinschaft: Völker- und europarechtliche Rahmenbedingungen für ein Tätigwerden der Europäische Gemeinschaft im Bereich von UN-Wirtschaftssanktionsregimen unter besonderer Berücksichtigung der Umsetzungspraxis der EG-Organe. Berlin: Springer, 2004.

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9

Compliance und Unternehmensverantwortlichkeit: Materiellrechtliche Fragen der sanktionsrechtlichen Unternehmensverantwortlichkeit unter Berücksichtigung von Compliance-Massnahmen. Frankfurt am Main: P. Lang, 2010.

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10

Federal Employees Health Care Protection Act of 1997: Report of the Committee on Governmental Affairs, United States Senate, together with additional views to accompany H.R. 1836, to amend chapter 89 of Title 5, United States Code, to improve administration of sanctions against unfit health care providers under the Federal Employees Health Benefits Program, and for other purposes. Washington: U.S. G.P.O., 1998.

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11

Hummer, Waldemar. Österreich unter "EU-Quarantäne": Die "Massnahmen der 14" gegen die österreichische Bundesregierung aus politikwissenschaftlicher und juristischer Sicht : Chronologie, Kommentar, Dokumentation. Wien: Linde, 2002.

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12

Das Verbot der politischen Betätigung für Geistliche nach katholischem und evangelischem Kirchenrecht sowie im geltenden Staatskirchenrecht: Unter Berücksichtigung der Staaten- und Verfassungsgeschichte Deutschlands und Österreichs. Frankfurt am Main: P. Lang, 2009.

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13

Ronzani, Marco. Erfolg und individuelle Zurechnung im Umweltstrafrecht: Eine Studie zur Funktionalität der Strafrechtsdogmatik im Umweltschutz unter besonderer Berücksichtigung des Schweizer Rechts. Freiburg im Breisgau: Max-Planck-Institut für Ausländisches und Internationales Strafrecht, 1992.

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14

England), Cobden Club (London. Systems of land tenure in various countries: A series of essays published under the sanction of the Cobden club. Holmes Beach, Fla: Gaunt, 2002.

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15

Office, General Accounting. International trade: Export of wood products under federally assisted export programs : report to the chairman, Subcommittee on Regulation, Business Opportunity, and Energy, Committee on Small Business, House of Representatives. Washington, D.C: The Office, 1990.

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16

Office, General Accounting. Hazardous waste: Progress under the Corrective Action Program is limited, but new initiatives may accelerate cleanups : report to the Ranking Minority Member, Committee on Commerce, House of Representatives. Washington, D.C. (P.O. Box 37050, Washington, D.C. 20013): U.S. General Accounting Office, 1997.

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17

New Jersey. Legislature. General Assembly. Regulatory Oversight Committee. Committee meeting of Assembly Regulatory Oversight Committee: Testimony on the progress of the New Jersey State Police under the consent decree entered into with the federal government concerning procedures, practices, and policies relating to the management and operation of the State Police : [October 24, 2002, Trenton, New Jersey]. Trenton, N.J: The Unit, 2002.

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18

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks. Prohibiting state-sanctioned sports gambling: Hearing before the Subcommittee on Patents, Copyrights, and Trademarks of the Committee on the Judiciary, United States Senate, One Hundred Second Congress, first session, on S. 473, a bill to amend the Lanham Trademark Act of 1946 to protect the service marks of professional and amateur sports organizations from misappropriation by state lotteries, and S. 474, a bill to prohibit sports gambling under state law, June 26, 1991. Washington: U.S. G.P.O., 1992.

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19

White, Nigel D. Cuban Embargo under International Law: El Bloqueo. Taylor & Francis Group, 2016.

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20

White, Nigel D. Cuban Embargo under International Law: El Bloqueo. Taylor & Francis Group, 2014.

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21

(Editor), Anthony Arnove, and Ali Abunimah (Editor), eds. Iraq Under Siege: The Deadly Impact of Sanctions and War. 2nd ed. South End Press, 2002.

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22

Stanley, Mailman, American Immigration Lawyers Association, and Prentice Hall Law & Business (Firm), eds. Employer hiring requirements and sanctions under the new Simpson-Rodino immigration law. Washington, DC (1000 16th St., N.W., Wasington, D.C.): The Association and Prentice Hall Law & Business, 1987.

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23

Research Council on Corporate Crime (Japan), ed. Report of the Research Council on Corporate Crime: Research regarding the sanctions regime under the Anti-monopoly Law, March 2001. Chiba, Japan: Research Council on Corporate Crime, 2001.

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24

Demleitner, Nora V. Collateral Sanctions and American Exceptionalism. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190203542.003.0012.

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This chapter presents a comparative analysis of collateral sanctions, which encompass a broad array of restrictions that befall offenders in addition to their sentence during the time they are under a criminal justice sanction and often well beyond. Differences between European countries and the United States with respect to the imposition, the number, the types, and the length of collateral sanctions reflect strikingly dissimilar philosophies about how to treat those with a criminal record. The European model prioritizes reintegration and rehabilitation while the United States continues to exclude and penalize those who ran afoul of the law. On both sides of the Atlantic, however, offenders considered at a high risk of reoffending have increasingly been subjected to collateral sanctions.

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25

Library of Congress. Congressional Research Service, ed. Legal analysis of alternative enforcement procedures under proposed fair housing act amendments of 1987. [Washington, D.C.]: Congressional Research Service, Library of Congress, 1987.

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26

Charles, Proctor. Part F Cross-Border Issues, 47 Economic Sanctions. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199685585.003.0047.

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This chapter considers the impact of sanctions imposed by the UK on banks in England. It also discusses the sources of sanctions legislation. A regime of economic sanctions imposed by the UK will invariably be a matter of high policy. It is therefore unsurprising that compliance is mandatory for UK entities under all circumstances, regardless of the law applicable to any relevant contracts or any other matter. Banks must both ensure compliance and take the necessary steps to ensure that it does not incur any liability to affected customers.

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27

Charles, Proctor, Kleiner Dr Caroline, and Mohs Dr Florian. Part IV Exchange Controls, Exchange Rates, and Sanctions, 15 Exchange Control under the International Monetary Fund Agreement. Oxford University Press, 2012. http://dx.doi.org/10.1093/law/9780199609178.003.0019.

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28

Nevill, Penelope. Military Sanctions Enforcement in the Absence of Express Authorization? Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0013.

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This chapter examines the use of force to enforce sanctions in the absence of express authorization by the UN Security Council. After reviewing the history and background to enforcement of sanctions which primarily takes place at sea, the chapter addresses the question of what amounts to a use of force in this context, paying particular attention to whether sanctions enforcement is ‘law enforcement’ or a use of force in the sense of Article 2(4) of the UN Charter by examining the jurisprudence of the International Court of Justice and under the United Nations Law of the Sea Convention concerning forcible measures used or threatened by state authorities against vessels or oil rigs and platforms. The chapter concludes by assessing the legal bases for the use of force to enforce sanctions, including those imposed by the United Nations.

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29

Alexandrowicz, C. H. Kautilyan Principles and the Law of Nations (1965–66). Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198766070.003.0002.

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This chapter analyses the Kautilyan tradition as followed in India or Further India during the sixteenth, seventeenth, and eighteenth centuries. It draws upon Kautilya’s Arthasastra (fourth century BC), one of the most significant sources indicating the principles of inter-sovereign conduct. Some of the most significant principles include: individual responsibility of each sovereign within the collectivity or concert of all sovereigns in the circle of states for the maintenance of a measure of inter-state public order; balance of power within the circle, modified by the evolution towards centralization of power and potential unification of states under a supreme authority; the principles relating to the treatment of foreign settlements; and negotiation to the limit before resort is made to sanctions or force (or even voting) for the solution of conflicts. The chapter concludes with a discussion of the impact of these principles on the development of the system of international law.

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30

Jones, Alison, and Brenda Sufrin. 13. Public Enforcement by the Commission and the National Competition Authorities of the Antitrust Provisions. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.003.0013.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the following: the change in the enforcement regime for EU antitrust rules on 1 May 2004; the system under Regulation 17 that applied before then; the reasons for, and salient features of, the ‘modernisation’ in Regulation 1/2003; the powers of the Commission; the role of EU Courts; enforcement by national competition authorities and the relationship between EU and national law; the possibility of sanctions against individuals; and the position of those who make complaints about alleged infringements of the competition rules.

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31

George, Walker, Purves Robert, and Blair Michael. Part II Financial Services Regulation, 9 Enforcement. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198793809.003.0009.

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This chapter explains how the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) exercise their disciplinary enforcement powers under the Financial Services and Markets Act 2000 (FSMA) to address breaches of regulatory rules and principles by firms and individuals. The FCA's approach to the exercise of its disciplinary powers may be described as being one of ‘credible deterrence’, whereas the PRA prefers early intervention and remedial action in advance of a potential issue arising, rather than exercising its disciplinary enforcement powers after the event. The chapter examines the power of the FCA and the PRA to impose sanctions, their enforcement decision making procedures, powers to investigate breaches of regulation, powers and procedure to conduct and settle enforcement proceedings, approach to financial penalties, and policy for third party rights. The role of the Upper Tribunal in hearing contested cases is also discussed.

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32

Steinkogler, Cordula. Austrian National Space Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190647926.013.96.

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This is an advance summary of a forthcoming article in the Oxford Encyclopedia of Planetary Science. Please check back later for the full article.The Austrian Outer Space Act, which entered into force in December 2011; and the Austrian Outer Space Regulation, which has been in force since February 2015, form the legal framework for Austrian national space activities. The elaboration of national space legislation became necessary to ensure compliance with Austria’s obligations as State Party to the five United Nations Space Treaties when the first two Austrian satellites were launched in 2012 and Austria became a launching state on its own. The legislation comprehensively regulates legal aspects related to space activities, such as authorization, supervision, and termination of space activities; registration and transfer of space objects; recourse of the government against the operator; as well as implementation of the law and sanctions for its infringement. One of the main purposes of the law is to ensure the authorization of national space activities. The Outer Space Act sets forth the main conditions for authorization, which inter alia refer to the expertise of the operator; requirements for orbital positions and frequency assignments; space debris mitigation, insurance requirements, and the safeguard of public order; public health; national security as well as Austrian foreign policy interests; and international law obligations. The Austrian Outer Space Regulation complements these provisions by specifying the documents the operator must submit as evidence of the fulfillment of the authorization conditions, which include the results of safety tests, emergency plans, and information on the collection and use of Earth observation data. Particular importance is attached to the mitigation of space debris. Operators are required to take measures in accordance with international space debris mitigation guidelines for the avoidance of operational debris, the prevention of on-orbit break-ups and collisions, and the removal of space objects from Earth orbit after the end of the mission. Another specificity of the Austrian space legislation is the possibility of an exemption from the insurance requirement or a reduction of the insurance sum, if the space activity is in the public interest. This allows support to space activities that serve science, research, and education. Moreover, the law also provides for the establishment of a national registry for objects launched into outer space by the competent Austrian Ministry. The first two Austrian satellites have been entered into this registry after their launch in 2012. The third Austrian satellite, launched in June 2017, will be the first satellite authorized under the Austrian space legislation.

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33

George, Walker, Purves Robert, and Blair Michael. Part II Financial Services Regulation, 12 Market Abuse. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198793809.003.0012.

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This chapter examines the market abuse regime designed to protect and maintain orderly financial markets in the UK. It first provides an introduction to market abuse before discussing the development of the market abuse regime and the provisions of the European Union Market Abuse Regulation (EU MAR). It then considers the range of civil offences under the market abuse regime, including offences committed before EU MAR took effect, as well as the legislative and regulatory rule changes that were required in the UK to implement EU MAR. It also explains the distinction between criminal prosecution and civil action by the Financial Conduct Authority (FCA), the obligations to detect and prevent market abuse, and the range of sanctions that can be imposed by the FCA for breaches of EU MAR. The chapter concludes with an analysis of enforcement trends, the mood of the regulator and future developments relating to market abuse.

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34

Ekaterina, Rousseva, ed. EU Antitrust Procedure. Oxford University Press, 2020. http://dx.doi.org/10.1093/law-ocl/9780198839866.001.0001.

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This book provides a comprehensive and practically oriented account of EU competition procedure and the European Commission’s role in enforcement, coordination, and policy-making, from the perspective of EU enforcers. It explains the Commission’s approach to each aspect of enforcement: its investigatory practices and powers, interactions with parties under investigation and third parties, compliance with fundamental rights, process by which it adopts decisions, and application of sanctions and remedies for anticompetitive conduct. Publication and judicial review of Commission decisions is also be discussed. In particular, the book provides a complete view of the Commission’s role in enforcement and coordination at the international level. Following the implementation of the Damages Directive, the book examines cooperation between the Commission and national courts, with regard to the increasing role of private enforcement actions. It emphasises the importance of cooperation between the Commission and national competition authorities (NCAs) of the Member States and consider the impact of the forthcoming Directive on empowerment of NCAs (‘ECN+’), as well as the Commission’s engagement with NCAs in third countries and the instruments which facilitate this.

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35

William, Blair, Brent Richard, and Grant Tom, eds. Banks and Financial Crime. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198716587.001.0001.

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Financial crime is an important and topical area. Concerns over money laundering have grown considerably since links with terrorist organisations have become more apparent in recent years. This revised and updated new edition provides a guide for banks to their regulatory responsibilities, their private law duties, their liabilities to third parties and their obligations to assist persons seeking the recovery of assets (including regulatory bodies within and without the jurisdiction). It also sets the relevant law in its national and international policy context and assesses the current state of this body of law in that context. In the years following the publication of the first edition of Banks and Financial Crime the legal regime against money laundering, terrorist financing, and financial sanctions has not diminished in importance for financial institutions. Indeed, the reverse is the case. In 2012, HSBC paid US authorities a record fine of £1.2 billion for laundering billions of dollars; powers under existing legislation have been exercised for the first time; and there have been significant new developments at the international level. This second edition addresses recent practice under the main international conventions, including the Sixth Session of the Conference of the Parties to the UN Convention against Transnational Organized Crime (October 2012) and the forthcoming Fifth Session of the Conference of States Parties to the UN Convention against Corruption (November 2013). Throughout, the book has been updated to incorporate new developments at the international level; in statute and case law; and in the regulation of financial institutions. It also provides a further assessment of the extent to which there has emerged an international law of tainted money to complement the emergence of an international financial system.

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36

Charles, Proctor. Part B Merger, Reorganization, and Insolvency of Banks, 9 UK Bank Mergers and Business Transfers. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199685585.003.0009.

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This chapter considers Part VII of the Financial Services and Markets Act 2000 (FSMA), which introduced a new regime for the transfer of a banking business, together with broader legislation designed to facilitate cross-border mergers. It discusses the effect of Part VII; the scope of Part VII; procedures under Part VII; the effect of court sanction; the requirement for ring-fencing; the special rules applicable to ring-fencing transfer schemes; mergers and transfers of building societies and mutuals; and cross-border mergers regulations.

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37

Besselink, Leonard. The Bite, the Bark, and the Howl. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198746560.003.0009.

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This chapter analyses Article 7 TEU on sanctions against Member States for certain potential and actual breaches of the values enshrined in Article 2 TEU, and the related ‘Rule of Law initiatives’. It argues that the debates over these reveal a twofold boundary issue: that of the legal delimitation of the procedures and powers under Article 7, and that of the fuzzy boundaries of the Member State political orders as distinct from the EU political order. The very identity of the foundational values of the Union and of the Member States makes it impossible to delimit the scope of EU law from that of Member State orders when it comes to guaranteeing these values. This also explains the politically highly sensitive nature of doing so. Thus, this chapter seeks to define the contours of the ensuing problems with a precise legal reconstruction of Article 7 TEU and its development.

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38

Pascu, Octavian Gabriel. Strafrechtliche Fundamentalprinzipien Im Gemeinschaftsrecht: Unter Besonderer Beruecksichtigung des Kartellordnungswidrigkeitenrechts. Lang GmbH, Internationaler Verlag der Wissenschaften, Peter, 2010.

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39

Volkman, Lucas P. Wartime Trials and Tribulations. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190248321.003.0006.

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Chapter 6 reveals that antislavery Unionists embraced the view that disloyalty to the United States and support of slavery were tantamount to sin. Northern evangelicals, Union troops, and Radical Republicans sought to impose these beliefs on southern evangelicals as a new civil religion via wartime ecclesiastical sanctions and loyalty oaths. Such sentiments also prompted Union authorities to muzzle the proslavery evangelical press, while spurring Unionist evangelicals to appropriate the church buildings of their proslavery counterparts. Challenged in the courts by dispossessed southern evangelicals, these were seizures that local tribunals under Radical control ratified. This variegated body of law, however, did not determine such outcomes as much as the religious, social, and political preferences of partisan judges. Their rulings, moreover, obscured the division between church and state, while powerfully generating popular understandings of evangelical faith and the armed struggle.

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40

Voas, Robert, and James C. Fell. Programs and Policies Designed to Reduce Impaired Driving. Edited by Kenneth J. Sher. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780199381708.013.14.

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Alcohol has been associated with traffic crashes for more than 100 years, as indicated by the publication of the first scientific report on the effect of drinking by operators of “motorized wagons” in 1904. This chapter presents an overview of the status of policies and programs designed to reduce highway crashes involving alcohol-impaired drivers. Alcohol safety programs are reviewed under three headings: primary prevention, secondary prevention, and tertiary prevention. Primary prevention covers programs directed at reducing the high-risk drinking that leads to impaired driving, including programs directed at preventing drinking by youths aged 20 and younger and at preventing service to obviously intoxicated individuals. Secondary prevention covers programs directed at separating drinking from driving through law enforcement, public information programs, and driver licensing regulations. Finally, tertiary prevention focuses on programs directed at preventing identified drinking drivers from future impaired driving through license sanctions, vehicle actions, treatment programs, and monitoring systems.

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41

International trade: Activity under the export enhancement program : fact sheet for congressional requesters. Washington, D.C: The Office, 1990.

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42

Office, General Accounting. International trade: Activity under the Export Enhancement Program : fact sheet for congressional requesters. Washington, D.C: GAO, 1990.

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43

Wallach, Daniel L. Daily Fantasy Sports and PASPA. Edited by Michael A. McCann. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780190465957.013.35.

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Recent state legislation regulating fantasy sports contests may present a different type of threat to the nascent fantasy sports industry—the possibility that the U.S. Attorney General (or others) could invoke PASPA to enjoin the state law. This is the same law that prohibits states from legalizing traditional, single-game sports betting. Although PASPA has not yet surfaced as an obstacle to state legalization of DFS, it may emerge as an important issue as additional state legislative measures are introduced, particularly with a new U.S. Attorney General potentially taking a harder look at Internet gambling generally. Further, as more and more states begin passing laws legalizing daily fantasy sports contests, many have begun to question why some forms of sports gambling are allowed but not others. This chapter examines how PASPA could apply to state-sanctioned fantasy sports and provides an analytical framework for assessing the viability of such legislation under PASPA.

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44

Moreno-Lax, Violeta. Accessing Asylum in Europe. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.001.0001.

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This monograph examines the interface between extraterritorial border surveillance, migration management, and asylum seeking under EU law. The final goal is to determine the compatibility of pre-entry controls, carried out in the form of Schengen visas, carrier sanctions (with or without assistance from ILOs), and maritime interdiction, with the fundamental rights acquis of the EU, in particular the right to protection against refoulement, the right to asylum, and the rights to good administration and effective judicial protection enshrined in the Charter of Fundamental Rights. The conflictual assertion contained in Tampere and successor programmes that the Union shall remain ‘open’ to those seeking access to it in search of protection, but, at the same time, ‘counteract illegal immigration and cross-border crime’ provides the background to this research. The result has been an ambiguous regulation of access to EU territory for asylum purposes. Two sets of rules have developed simultaneously, which are difficult to reconcile: one set assimilates protection seekers to the generic category of ‘third-country nationals’ subject to Schengen admission criteria, with another set containing references to ‘special provisions’ applicable to exiles, leading to a situation where up to 90% of refugee arrivals occur through irregular (unsafe) channels, as smuggled or trafficked migrants. In these circumstances, elucidating the exact reach of EU international protection obligations and the articulation between EU border/pre-border norms and EU fundamental rights becomes essential. The monograph thus strives to determine the content of the specific responsibilities of the Member States in this context and establish their implications for the ‘integrated border management’ system the Union is committed to realise.

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45

Fraenkel, Ernst. The Sociology of the Dual State. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198716204.003.0010.

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This chapter presents a sociological analysis of the dual state by looking at the terms “community” and “society” and relating them to Germany under the National-Socialists. The chapter also considers the concept of politics in National-Socialist theory, which, it states, is defined by reference to “the enemy.” National-Socialist negation of all universally valid values and its suppression of all communities based upon such values, its negation of an order sanctioned by Natural Law, it is stated, may be said to be at least partially due to foreign threats; at the same time, it is necessary to recognize that the relaxation of the international threat was accompanied by an intensification of the war against internal disintegration. The chapter ends by looking at what the solution to the tensions in National-Socialist Germany might be at the time when this text was written. This is left open. The solution, it states, depends on the people.

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46

Office, General Accounting. International trade: Export of wood products under federally assisted export programs : report to the chairman, Subcommittee on Regulation, Business Opportunity, and Energy, Committee on Small Business, House of Representatives. Washington, D.C: The Office, 1990.

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47

Shillibeer, H. B. Ancient Customs of the Manor of Taunton Deane;: Collected from the Records of the Manor, Presented by the Jury at the Law-Day Court, the Twenty Fourth of April, 1817, and Published under Their Sanction. to Which Are Prefixed, Some Introductory Observa. HardPress, 2020.

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Books on the topic 'Sanctions under law'

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