United Nations Sanctions and the Rule of Law: 56 (Cambridge Studies in International and Comparative Law, Series Number 56)

United Nations Sanctions and the Rule of Law: 56 (Cambridge Studies in International and Comparative Law, Series Number 56)

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Jeremy Matam Farrall
Cambridge University Press, 12/13/2007
EAN 9780521878029, ISBN10: 0521878020

Hardcover, 574 pages, 22.9 x 15.2 x 3.7 cm
Language: English

The United Nations Security Council has increasingly resorted to sanctions as part of its efforts to prevent and resolve conflict. In this 2007 book, Farrall traces the evolution of the Security Council's sanctions powers and charts the contours of the UN sanctions system. He also evaluates the extent to which the Security Council's increasing commitment to strengthening the rule of law extends to its sanctions practice. The book identifies shortcomings in respect of key rule of law principles and advances pragmatic policy-reform proposals designed to ensure that UN sanctions promote, strengthen and reinforce the rule of law. In its appendices United Nations Sanctions and the Rule of Law contains summaries of all 25 UN sanctions regimes established to date by the Security Council. It forms an invaluable source of reference for diplomats, policymakers, scholars and advocates.

Part I. Setting the Scene
1. Introducing UN sanctions
2. Towards a pragmatic rule of law model for UN sanctions
Part II. The Evolution of the UN Sanctions Framework
3. From Aegina to Abyssinia - a prehistory of UN sanctions
4. Sanctions under the UN charter
Part III. UN Sanctions in Practice
5. Establishing the legal basis for sanctions - identifying threats and invoking Chapter VII
6. Delineating the scope of sanctions and identifying targets
7. Fine-tuning sanctions
setting objectives, applying time-limits and minimising negative consequences
8. Delegating responsibility for sanctions administration and monitoring
Part IV. Strengthening the Rule of Law
9. Rule of law weaknesses in the UN sanctions system
10. Strengthening the rule of law performance of the UN sanctions system
11. Concluding remarks
Appendix 1. Summary of policy recommendations
Appendix 2. Summaries of UN sanctions regimes
Appendix 3. Tables.

'… pathbreaking book … comprehensively researched … well written … easy to read … very logical structure … every member and aspiring member of the Security Council should have a copy of this book.' Justice Kirby, High Court of Australia

'If, indeed, Australia is elected to the Security Council in 2012, it will be important for its representatives to familiarise themselves with Dr Farrall's analysis. Indeed, the reading could start immediately. When future sanctions regimes are proposed, it may be hoped that the United Nations Secretariat and national delegations, armed with this book, will insist upon a less ad hoc and more principled approach by the Security Council to the mechanism designed to reinforce the defences of international peace and security. Without such an intensive conspectus, it would be impossible to put together all the pieces of the mosaic. We have Dr Farrall to thank for making available to all observers at once the detailed background of sanctions and a vision of the broad horizon showing what is and what might be.' Australian Law Journal

'Farrall has most certainly reached the first objective he set for the study, i.e. 'to serve as a useful guide to the UN sanctions system'. As to the analytical part on the rule of law, Farrall's book serves as a counterbalance to those advocating abolishment of certain sanctions, in particular in the context of the Taliban/Al Qaeda regime, without too much reflection on the repercussions of this plea for the system of collective security more generally. Farrall is an engaged realist and his pragmatic approach may be applauded.' Netherlands International Law Review

'There is much to recommend this book. It is one of the most detailed and helpful 'manuals' on UN sanctions. Ideally, the annexes should be digitalized so that they can be examined by other scholars. What the sanctions literature lacks is an equivalent to the 'Correlates of war' project-an easily manipulated database that allows one to compare voting records, timeframes, types of sanctions, corresponding missions and the like. This work could be the foundation of such a database.' International Affairs

'Farrall has produced an excellent study on the UN sanctions committees, which will be the benchmark for years to come.' International Organisations Law Review

'Farrall is to be congratulated for taking the high road toward a sanctioning system based on the rule of law, as well as for supplying anyone who is interested in the UN sanctioning system with a valuable resource for research into the content and administration of every Security Council sanctioning regime through the year 2006.' American Journal of International Law

'… this book will undoubtedly become the classic text on UN sanctions. … a remarkable achievement for someone so early in his academic career.' Professor William Maley, Australian National University