Research Handbook on Unilateral and Extraterritorial Sanctions

Edited by Charlotte Beaucillon, Professor of Law, Faculty of Legal, Political and Social Sciences, University of Lille, France

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