Private Attorneys General and Economic Sanctions

Abstract

Economic sanctions have traditionally been analysed from the perspective of inter-state relations in which states seek to restrict trade or deny other economic benefits to targeted states and their nationals to achieve political objectives. The role of government in imposing economic costs against targeted states for breaches of international law or infringing foreign policy or national security interests has been the usual framework through which to analyse and assess a country’s economic sanctions policy. US economic sanctions policy, however, began to depart from this model in the 1990s when the Congress enacted a set of statutes that created legal remedies for individuals and entities to enforce either international law or domestic law rights in US court by pursuing civil actions for damages, compensation and restitution against foreign states, third country persons and international terrorists. The creation of these private remedies was deliberately intended by Congress to create alternative legal channels through which US sanctions could be applied.KeywordsCivil LiabilityUniversal JurisdictionEconomic SanctionForeign StateCuban GovernmentThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.