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Author(s): 

Niknami Roxana

Issue Info: 
  • Year: 

    2024
  • Volume: 

    31
  • Issue: 

    26
  • Pages: 

    220-238
Measures: 
  • Citations: 

    0
  • Views: 

    21
  • Downloads: 

    0
Abstract: 

The European Union (EU), recognized as one of the world's most influential economic and political blocs, has strategically employed sanctions as a tool for advancing its foreign policy objectives. Sanctions, typically viewed as restrictive measures aimed at influencing state and non-state actors, have become central to the EU’s approach to promoting its values and enforcing international norms. The EU has acquired an important role on the global stage in the past two decades and its sanctioning policy is one of the elements that have contributed to this. The institutional capacities of the EU in imposing restrictive measures have developed from loose cooperation in the foreign and security policy sphere to a complex and well-developed mechanism that regulates how the 27 members can reach binding decisions in the security domain within the boundaries of the EU legal framework. However, their effectiveness, legal foundation, and ethical implications are subject to ongoing debate. The Treaty on European Union (TEU) includes restrictive measures as one of the possible tools that can be employed to pursue the goals of the CFSP. The imposition of sanctions falls under the CFSP domain and the process is regulated by Articles 30 and 31 of the TEU. The right to undertake initiatives lies with any member state and with the High Representative of the Union for Foreign Affairs and Security Policy, who can act also with the support of the European Commission. This research seeks to answer the following key question: "What is the normative legitimacy of EU sanctions, and how are they enforced both domestically and internationally while managing associated legal challenges? " The hypothesis posits that while the EU strives to promote values such as democracy, human rights, and the rule of law, it faces significant challenges in ensuring that its sanctions regime remains both legally sound and effective. The study applies Ian Manners' Normative Power Europe (NPE) theory as a central framework for analyzing the EU's sanctions regime. This research explores how sanctions serve as an instrument for the EU to enforce its normative goals on the international stage. Key issues explored include: 1. The legal basis and compliance of EU sanctions with international law. 2. The alignment of EU sanctions with its normative power identity. 3. The broader implications of EU sanctions on global governance and the EU’s credibility...

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Author(s): 

NIKNAMI ROXANA

Issue Info: 
  • Year: 

    2020
  • Volume: 

    4
  • Issue: 

    3
  • Pages: 

    471-504
Measures: 
  • Citations: 

    0
  • Views: 

    70
  • Downloads: 

    12
Abstract: 

Since the advent of the Islamic Revolution in Iran, the country has been continuously subject to severe sanctions by the Western countries, especially the United States. In all these years, the U. S. sanctions did not affect Iran’, s economy much, due to the fact that the two countries have no formal relations and as a result, their economies are not, by any means, interdependent. However, Iran’, s economy has been reliant on extensive interactions with the European countries,the EU sanctions against Iran since 2011, therefore, have harshly affected Iran’, s economy and caused adverse social impacts on Iranian lives. In the shadow of Iran’, s dark image in the eyes of the world, one issue that has remained overshadowed by the discussions on the impact and effectiveness of the sanctions, is the severe human rights crises left by the EU sanctions. The key question is what have been the human rights and humanitarian consequences of the EU sanctions for Iran, and how serious have these consequences been for the country? As the author argues in this paper, EU economic sanctions against Iran are considered violations of the three main generations of human rights and are therefore unwarranted. Given this, the resumption of sanctions since 2018 would lead to a human rights disaster in Iran. The effect of these sanctions will not affect the Iranian government, but the Iranian civilians, especially the vulnerable, which will undermine their human dignity.

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Author(s): 

DAVIDSON NICHOLAS

Journal: 

STETSON LAW REVIEW

Issue Info: 
  • Year: 

    2009
  • Volume: 

    -
  • Issue: 

    -
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    144
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    6
  • Issue: 

    2
  • Pages: 

    47-72
Measures: 
  • Citations: 

    0
  • Views: 

    1261
  • Downloads: 

    0
Abstract: 

In last years, one of the main challenges facing the Iranian economy has been economic sanctions. These sanctions have been imposed for various reasons and have been aimed at influencing various economic sectors of Iran. Accordingly, management of the hazard of economic sanctions is one of the most important priorities of policy makers. Therefore, the purpose of this study is classify various types of economic sanctions based on the nature and source of sanctions, and then these sanctions are ranked according to the hazards that affect the Iranian economy. For this purpose, using the fuzzy AHP method and the opinion of experts and experts, the hazards of economic sanctions against Iran are estimated based on two criteria: "imposed costs on economy" and "ability to bypass sanctions". According to the results, United Nations financial-banking sanctions with 56 percent, UN oil sanctions with 21 percent, EU financial-banking sanctions with 15 percent, and EU oil sanctions with the highest hazards of sanctions The Iranian economy. They had a total of more than 78 percent of the total threat of sanctions against Iran. On the other hand, a variety of sanctions imposed by the United States include a total of 15 percent of the hazard of sanctions. As a result, among all the sanctions, the importance of UN / EU financial-banking, and oil sanctions is much more than other sanctions that should be taken into account in the plans and policies adopted.

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Writer: 

Issue Info: 
  • End Date: 

    1400-3-5
Measures: 
  • Citations: 

    1
  • Views: 

    241
  • Downloads: 

    0
Keywords: 
Abstract: 

based on Article (6) of the "Strategic Action for Lifting Sanctions and Protecting the Interests of the Iranian Nation" act passed by the Islamic Consultative Assembly (Parliament of the Islamic Republic of Iran) in December 2020, several indicators have been set on the issue of Lifting the sanctions and benefiting Iran's economy thereof. These indicators include complete normalization of whole banking relationships, complete removal of export barriers, free sale of Iranian oil and oil products, and complete and quick return of [foreign] currency from there. Furthermore, according to Article (7) of the same act, the government (Executive power) must report to the Parliament on sanctions lifting, where the relevant Commissions of the Parliament have to make their evaluation of the government’s report. These two articles together imply that economic benefits must accompany the lifting of sanctions, and these benefits should be verified precisely and measurably. What matters now is what criteria and indicators should be used to verify whether the Iranian economy benefits from the lifting of sanctions. In another report entitled "Managing the country's economy in the face of sanctions; the need to plan the national economy with the assumption of the continuation of sanctions" in detail and briefly in the present report, it is explained that the United States - As in the past- will use various economic, political and legal means that even if sanctions are lifted legally , it will still prevent Iran’s economy from benefiting out of sanctions relief. It is important to note that the use of a mere legal approach to lift the sanctions from a legal standpoint —the privative approach— is a strategic mistake and will not lead to Iran’s economic benefit when the United States of America, due to its lack of serious will to lift sanctions, is trying to increase the risk of economic cooperation with Iran by employing various means. Compiling extensive lists of US sanctions against Iranian individuals and legal entities and insisting solely on the legal lifting of these sanctions can be regarded as signs of this flawed privative approach. The following are some of the reasons for the lack of success in adopting a mere legal approach to lifting sanctions: a. legal evasions and placing obstacles in the way of the authentic lifting of sanctions by the united states; • Completion of the legal infrastructures related to sanctions and their permanent nature, • Intertwining nuclear and non-nuclear sanctions and imposing regulation to make the sanctions on Iran inseparable, • Official and bipartisan acknowledgment by US officials of the need to conclude a new comprehensive agreement with Iran; Based on experiences, even if the US intends to lift sanctions on paper, it will use various tools to prevent Iran’s economy from realizing the real and full economic benefit. b. Preventing Iran by the United States from benefiting from the lifting of sanctions; • Taking no effort in improving the risk index of interaction and cooperation of other countries with the Iran economy and • trying to maintain the current level of cooperation risk, • Disrupting one of the links in Iran’s chain of foreign Economic cooperation, • Exaggeration in giving the minimum rights (advantages) due to the lifting of sanctions and showing drawbacks as an advantage such as granting specific & general licenses instead of the lifting of sanctions, • Increasing the political and economic risk of cooperation with Iran through formal rhetoric, media attacks, and informal pressures. In general, using a mere legal approach in the present situation cannot provide the possibility of authentic verification of the lifting of sanctions and benefiting the Iranian economy in practice. Therefore, in addition to insisting on the legal lifting of sanctions, operational and measurable criteria as an affirmative approach should also be designed to verify the benefits of the lifting of sanctions. These indicators should be introduced as conditions of Compliance with the commitments and as preconditions for fulfilling the nuclear Actions of the Islamic Republic of Iran; these include demanding and ensuring the export of a certain minimum level of oil and oil products, conducting transactions easily by using revenues from export, the realization of a certain level (threshold) of monthly transactions and banking operations by targeted foreign banks and operational review of rules related to the international economic activity of Iranian Individuals and legal persons, which is assessed in detail in the present report. The verification of the actual lifting of the sanctions and the realization of the measurable criteria (indicators) determined by Iran is impossible in just a few hours or a few days. The stated process will take at least 3 to 6 months. Accordingly, based on the definite policy of the Islamic Republic of Iran and the emphasis of the Leader of the Islamic Revolution on the necessity of prioritization of verification over the fulfillment of obligations by Iran, and also Compatible with the aforesaid Iranian Parliament Act, it is factually necessary and also legally mandatory to verify the benefit of the lifting of sanctions by Iran based on quantitative and operational indicators. Furthermore, adopting a mere legal approach—focusing on the apparent lifting of some or even all sanctions, regardless of whether such a lifting also leads the sanctions to be lifted in practice—which may be overcome and followed due to the prioritizing of short-term political interests over national and long-term interests, must be avoided. The parliament's role in verifying the actual lifting of the sanctions and the realization of the criteria of Iran's economic benefit from the lifting of the sanctions is vital and unquestionable. Examining the explicit text and spirit of Article (7) of the Law on "Strategic Action for Lifting Sanctions and Protecting the Interests of the Iranian nation" and the detailed proceedings of parliament in the process of passing the mentioned law implies that the Re-commitment of Iran to the nuclear actions according to JCPOA, is possible just after the authorization issued by the Islamic Consultative Assembly. In Turn, This permission in accordance with the mentioned Act will issue by the Parliament only after lifting the sanctions totally and the fulfillment of the measurable criteria.

Yearly Impact:   مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    12
  • Issue: 

    1
  • Pages: 

    111-146
Measures: 
  • Citations: 

    0
  • Views: 

    426
  • Downloads: 

    0
Abstract: 

The study of legal regime of imposition of unilateral economic sanctions can have a vital role in operation of companies being designated as sanctioned entity. One of the powerful and complex regime of economic sanctions are the restrictive measures imposed by European Union. This article studies the theory of piercing the corporate veil as one of the important theories n EU law and the EU applicable laws and regulations in sanctioning entities and corporations. Finally it provides solutions for Iranian oil companies active in EU jurisdiction to structure themselves in a way to reduce the chance of being considered as a sanctioned entity.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

NIKNAMI ROXANA

Journal: 

FOREIGN RELATIONS

Issue Info: 
  • Year: 

    2015
  • Volume: 

    7
  • Issue: 

    1 (25)
  • Pages: 

    7-37
Measures: 
  • Citations: 

    0
  • Views: 

    1125
  • Downloads: 

    0
Abstract: 

With the breaking out of Ukraine crisis, a new chapter opened in relations between the West and Russia. The annexation of the Crimean Peninsula to the Russian Federation prompted severe reactions by Western countries, so that for the first time after the collapse of the Soviet Union, the EU imposed heavy sanctions on this country. This article aims at exploring the impact of sanctions regime on the EU and its effectiveness in regard to the Russian Federation. The main question is about the impact and effectiveness of sanction. In answering these questions, the hypothesis advanced is that sanctions regime has many consequerces for implementing countries and also for the target country. To study these consequences, the impact and effectiveness of sanctions should be distinguished from each other. As for the implementing countries, the impact of sanctions should be addressed, but for the target countries, the important point is the effectiveness of sanctions. Regarding the EU imposed sanctions on Russia, it should be noted that the costs of this policy would be high for both sides and especially for the EU.

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    50
  • Issue: 

    3
  • Pages: 

    539-562
Measures: 
  • Citations: 

    0
  • Views: 

    979
  • Downloads: 

    0
Abstract: 

Economic sanctions appear to be a common feature of political interactions between states. Economic sanctions have become increasingly important as an alternative to military conflict since the last decade of twentieth century. This paper provides, through a gravity model, an estimation of the impact of economic sanctions on bilateral trade flows between Iran and its major trading partners during 2000– 2011, disaggregated by the choice of the 1– digit sections of the Standard International Trade Classification including zero, two, five, six and seven codes. The results show that extensive and limited sanctions have a significant and negative impact on bilateral trade, except for exports of five and seven codes.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

ZAKAVI S.RASOUL

Issue Info: 
  • Year: 

    2019
  • Volume: 

    7
  • Issue: 

    1
  • Pages: 

    1-3
Measures: 
  • Citations: 

    0
  • Views: 

    273
  • Downloads: 

    241
Keywords: 
Abstract: 

"It is not a wise choice!", this was the reaction of my father when I applied for nuclear medicine residency program 26 years ago. The old retired officer continued that hi-tech nuclear medicine is dependent on multiple advanced sections that may not be easily available especially in the developing countries. Now he is not alive to see that political misconducts have added fuel to the fire...

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2017
  • Volume: 

    4
  • Issue: 

    2 (13)
  • Pages: 

    27-51
Measures: 
  • Citations: 

    0
  • Views: 

    1780
  • Downloads: 

    0
Abstract: 

According to the Political Economy Theory, Economic and political structures can to affect managers, auditors and investors behavior in the face of the financial reporting. One of the best examples of political and macroeconomic actions in recent years is the economic sanctions against Iran. Companies in Tehran Stock Exchange also inevitably have influenced by the pressures of economic sanctions against Iran. The purpose of this paper is to determine the effect of economic sanctions on the value relevance of financial statements. The data have been analyzed using a sample of 165 listed firms in the Tehran Stock Exchange during from 2001 to 2014 and panel data regression models. The results show that the value relevance of net income and book value of equity reduced in the period of economic sanctions. In addition, the value relevance of financial statements in the Destress firms has affected by economic sanctions more than other companies.

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