1-17 of 17 Results  for:

  • Keywords: sanctions x
Clear all

Article

Alexes Harris and Frank Edwards

Despite the central role that fines and other fiscal penalties play in systems of criminal justice, they have received relatively little scholarly attention. Court systems impose fines and other monetary sanctions in response to minor administrative and traffic offenses as well as for more serious criminal offenses. Monetary sanctions are intended to provide a deterrent punishment to reduce lawbreaking, to provide opportunities for accountability through financial restitution, to restore harm caused to victims of crime, and to fund the operation and administration of courts and criminal justice systems. Fines, fees, and other monetary sanctions are the most common form of punishment imposed by criminal justice systems. Most criminal sentences in the United States include financial penalties, and monetary sanctions are routinely imposed for less serious, and far more common, infractions such as traffic or parking violations. For many, paying a monetary sanction for a low-level violation is an annoyance. However, for the poor and people of color who are disproportionately likely to be subject to criminal justice system involvement, monetary sanctions can become a vehicle for expanded social inequality and increasingly severe criminal justice contact. Failure to pay legal financial obligations often results in court summons or license suspensions that may have attendant additional costs and may trigger incarceration. In the United States, the criminal justice system is heavily and routinely involved in the lives of low-income people of color. These already-existing biases, coupled with the deep poverty that is common in many communities, join to widen the net of criminal justice involvement by escalating low-level infractions to far more serious offenses when people are unable to pay. Despite the routine justification of monetary sanctions as less-severe penalties, if imposed without restriction on the poor, they are likely to magnify the inequality producing effects of criminal justice system involvement.

Article

Yoshiharu Kobayashi

Economic sanctions are an attempt by states to coerce a change in the policy of another state by restricting their economic relationship with the latter. Between, roughly, the 1960s–1980s, the question dominating the study of sanctions was whether they are an effective tool of foreign policy. Since the 1990s, however, with the introduction of large-N datasets, scholars have turned to more systematic examinations of previously little explored questions, such as when and how sanctions work, when and why states employ sanctions, and why some sanctions last longer than others. Two dominant perspectives, one based on strategic logic and the other on domestic politics, have emerged, providing starkly different answers to these questions. A growing body of evidence lends support to both strategic and domestic politics perspectives, but also points to areas in which they fall short. To complement these shortcomings, a new direction for research is to unite these perspectives into a single theoretical framework.

Article

Economic sanctions are a versatile instrument of statecraft used by states to try to influence the behavior of foreign actors by threatening or restricting customary cross-border trade or financial flows to an intended target. Examples of economic sanctions are retaliatory tariffs imposed in trade disputes and the complete cessation of economic flows aimed at undermining a certain regime. The importance of economic sanctions to policy makers has spawned a substantial amount of scholarly work dominated by two questions: whether sanctions “work” and whether states should use them. The long-running scholarly debate about whether sanctions work is essentially a dispute over how to classify cases. However, comparing cases of success and failure is problematic, in part because the very notion of what constitutes the successful use of sanctions is not clear and policy makers rarely seek to influence a single target or pursue a single policy goal when using sanctions. One of the most promising developments in the literature has been the increasing use of game theory to analyze sanctions, but this approach does not adequately determine the appropriateness of sanctions as a policy instrument. Sanctions research should focus instead on the basic strategic dynamics of the sanctions episode in order to identify those factors that contribute most strongly to the effective use of sanctions and to enable policy makers to understand more about the consequences of using sanctions as an instrument of statecraft.

Article

Faye S. Taxman and Alex Breno

Alternatives to incarceration are more than options, they have evolved into sentences of their own accord. Originally, probation and prison were the two major sentences; however, the concept of intermediate or graduated sanctions emerged in the 1980s and evolved throughout the 1990s. While alternatives to incarceration were considered options, they are now recognized as intermediate sanctions, graduated sanctions, and just plain sentencing options. This emergence occurred during the time that probation-plus-conditions sentences spiked, so that the average probationer now has over 17 standard conditions. With Justice Reinvestment Initiatives as a national effort to reduce the impact of mass incarceration policies, the JRI policy effort the has served to legitimize sentences that used to be considered “alternatives” by incorporating risk/need assessments, legislation to reduce sentence lengths and incarceration sentences, and changes in practices to address noncompliant probationers and parolees. Here, a new conceptual model is proposed that integrates sentencing options with results from a risk and need assessment depending on various types of liberty restrictions. Given the need to reduce prison overcrowding, there is an even further need to examine how different sentencing options can be used for different type of individuals.

Article

Diana Panke and Ingo Henneberg

The interplay between states and international organizations has received a lot of scholarly attention, largely because the number of international organizations has increased considerably within the last century. State-of-the-art scholarship on the foreign policies of international organizations and states is presented here, as are rationalist and constructivist accounts of how the foreign policies of states impact international organizations (bottom-up perspective), as well as how, in turn, international organizations impact member-state foreign policies (top-down perspective). Thereby, the polity, politics, and policy dimensions of both states and international organizations are examined in order to explain the changes states’ foreign policies can induce, under what scope conditions, in the international organizations’ structure (polity), procedures (politics), and policy outcomes. Vice versa, also explained are the changes international organizations can induce, under what scope conditions, in the foreign policy apparatus of states (polity), foreign policy decision-making procedures (politics), and states’ foreign policies. As is illustrated, the theme “International Organizations and Foreign Policy” is not an established foreign policy subfield per se but is covered here in multiple approaches and theories. In line with the development of international relations, the bottom-up perspective has received much more scholarly attention than the top-down perspective. Furthermore, bottom-up research evidences a tendency toward the strong influence of states’ foreign policies on the policy and polity of international organizations, while the top-down influence of international organizations on states’ foreign policy apparatus, procedures, and policies is usually much more limited. Finally, an outlook into fruitful future avenues for research is outlined.

Article

The effect of foreign policy on terrorism is an important area of research that bridges work on international relations and intrastate conflict by highlighting how an outside country can influence attacks from a nonstate actor in another country. Research in this area is important for understanding how countries like the United States can best deal with the threat of international terrorism. Research has generally demonstrated that states with active foreign policies are more likely to experience international terrorism, particularly democracies and the United States. This has been hypothesized to occur because active foreign policies create blowback, or negative feelings toward a state, leading to greater acts of terrorism against that state. Beyond the effects of a state’s general foreign policy, others have looked at more specific policies, such as military occupation and intervention. This body of research argues that international terrorism is often a response to perceived occupation of an area. Groups see terrorism as a method to dislodge the occupying force. This argument has been refined by other scholars, who have presented conditions or extensions of this argument. Others have focused on military intervention, arguing that the presence of troops, the negative sentiment that they evoke, and their effect on strengthening the government all create incentives for groups to attack the foreign power that has deployed troops. Foreign aid has been seen as a policy that can address the threat of terrorism. Aid has been argued to be able to improve local conditions and incentivize and reward local states for engaging in counterterrorism. Others have presented conditions under which aid is more or less likely to be effective, including the idea that military aid might actually increase the amount of terrorism, for reasons similar to military intervention, and create an incentive for states to maintain a terrorist threat. Other foreign policy approaches have focused on legal attempts to stop terrorists from financing their organizations. These policies have been driven by the United Nations, coalitions of states, and individual states. This article also focuses on the methodological issues that all these studies face, as well as future research directions.

Article

Power is a crucial concept for international relations scholars. Of particular importance for those interested in understanding foreign policy is knowing how power manifests as national capabilities. Understanding the relationship between power and capabilities allows for comparison and contrast of the various foreign policy tools leaders have at their disposal as they attempt to achieve their goals. Despite the importance of power, scholars still debate the best means for conceptualizing and operationalizing the concept. The all-encompassing nature of power makes it difficult to focus on a single characteristic. This article focuses on three main aspects of power: military, economic, and soft power. Each section gives an overview into the current state of research into the various aspects of power. The discussion on military power emphasizes operationalizing military might and issues with innovation. The section on economics focuses on economics as a source of power and a tool for coercion. Finally, the last section focuses on noncoercive aspects of power, better known as soft power. The article ends with some suggestions for future research.

Article

Alec C. Ewald

Collateral sanctions are legal restrictions on the rights and privileges of people who have experienced contact with the criminal justice system, particularly contact resulting in conviction. Usually placed in civil and regulatory codes, collateral sanctions may limit a person’s ability to vote, live in public housing, own a firearm, qualify for an occupational license, serve in the military, receive public benefits, sit on a jury, or borrow money for college, among other activities. Yet, because they are usually defined as “indirect” consequences of a conviction, they may never surface in the criminal justice process, and they frequently extend far beyond the sentence. Such restrictions can deeply compromise the civic status and life chances of Americans with conviction records. But they are far from uniform: some serious restrictions are triggered by criminal justice involvement well short of a conviction, while others mark only some classes of offenders or operate only in some states. Layered into the federal system, multiplying the complications of criminal law and regulatory law, and imposed by civil servants with wide leeway in their interpretation of rules, American collateral sanctions are varied and complex. Their reach and severity in the United States appear to be unique in the democratic world and mark an important respect in which the American carceral state extends beyond mass incarceration.

Article

Michelle S. Phelps and Caitlin Curry

Over the past half-century, the number of adults under criminal justice supervision increased precipitously in some Western countries, with carceral control in the United States reaching an unprecedented scale. While much of the scholarly attention has been focused on the development of mass incarceration, new research focuses on the parallel expansion of mass probation and, more broadly, mass supervision. In the United States, the number of adults on probation and parole supervision increased from one million in 1980 to a peak of nearly 5.1 million in 2007, more than double the number of inmates in local, state, and federal jails and prisons. Estimates from Europe in the late 2000s suggest that there were approximately 3.5 million on community sanctions, compared to 2 million incarcerated. Individuals on these sanctions serve out their initial sentences (or remaining time after release from jail or prison) while residing in the community under the supervision of a probation or parole officer. As scholarship increasingly focuses on the expansion of community supervision, we are learning more about this form of punishment. Probationers and parolees are subject to a variety of conditions, including reporting regularly to their supervising officers, finding and maintaining employment, avoiding drug use and re-arrest, participating in therapeutic programs, and paying fines and fees. Failure to comply with the demands of supervision may result in variety of penalties, up to a return to custody for the entire length of the suspended prison sentence. Thus, while probation and parole are often framed as acts of leniency—allowing individuals to avoid incarceration and/or exit early—they can be experienced as quite punitive. In other words, the official discourses and everyday practices of supervision blend both punitive and rehabilitative elements. The composition of this blend varies significantly across countries, states, local departments, individual officers, and the officer-supervisee relationship. This variation has produced a kaleidoscope of different practices, all under the banner of community supervision.

Article

The United States often views itself as a nation of immigrants. This may in part be why since the early 20th century the country has seldom adopted major changes in its immigration policy. Until 1986, only the 1924 National Origins Quota Act, its dismantlement in the 1952 McCarran-Walter Act, and the 1965 Immigration and Nationality Act, also known as the Hart-Celler Act, involved far-reaching reforms. Another large shift occurred with the passage of the 1986 Immigration Reform and Control Act (IRCA) and its derivative sequel, the 1990 Immigration Act. No major immigration legislation has yet won congressional approval in the 21st century. IRCA emerged from and followed in considerable measure the recommendations of the Select Commission on Immigration and Refugee Policy (1979–1981). That body sought to reconcile two competing political constituencies, one favoring the restriction of immigration, or at least unauthorized immigration, and the other an expansion of family-based and work-related migration. The IRCA legislation contained something for each side: the passage of employer sanctions, or serious penalties on employers for hiring unauthorized workers, for the restriction side; and the provision of a legalization program, which outlined a pathway for certain unauthorized entrants to obtain green cards and eventually citizenship, for the reform side. The complete legislative package also included other provisions: including criteria allowing the admission of agricultural workers, a measure providing financial assistance to states for the costs they would incur from migrants legalizing, a requirement that states develop ways to verify that migrants were eligible for welfare benefits, and a provision providing substantial boosts in funding for border enforcement activities. In the years after the enactment of IRCA, research has revealed that the two major compromise provisions, together with the agricultural workers provision, generated mixed results. Employer sanctions failed to curtail unauthorized migration much, in all likelihood because of minimal funding for enforcement, while legalization and the agricultural measures resulted in widespread enrollment, with almost all of the unauthorized migrants who qualified coming forward to take advantage of the opportunity to become U.S. legalized permanent residents (LPRs). But when the agricultural workers provisions allowing entry of temporary workers are juxtaposed with the relatively unenforceable employer-sanctions provisions, IRCA entailed contradictory elements that created frustration for some observers. In sociocultural, political, and historical terms, scholars and others can interpret IRCA’s legalization as reflecting the inclusive, pluralistic, and expansionist tendencies characteristic of much of 18th-century U.S. immigration. But some of IRCA’s other elements led to contradictory effects, with restriction efforts being offset by the allowances for more temporary workers. This helped to spawn subsequent political pressures in favor of new restrictive or exclusive immigration controls that created serious hazards for immigrants.

Article

Sebastian Harnisch

The Islamic Republic of Iran and the European Union (EU) have not yet established formal diplomatic relations, but since 1979 the Union and its member states have had various strong if often conflictual interactions. The relationship has been marked by distinct phases that reflect the emerging character of the partners, a theocratic republic on the one hand and a Union of interdependent democratic states on the other. While mutual economic interests have formed the basis for substantial interactions, relations with member states and the EU itself have been colored by a long and sometimes hurtful history of European states’ role in Iranian politics, including the Russian and British imperial influence over Persia in the late 19th and early 20th century, the British (and American) involvement in the coup against democratically elected Prime Minister Mohammad Mosaddeq in 1953, and the French hosting of Ayatollah Ruhollah Khomeini, an avowed critic of the Pahlavi dynasty, prior to the anti-authoritarian revolution in 1979. Over time, the relationship has substantially shaped the character and direction of the politics of the EU’s common foreign and security policy, resulting in more policy coherence between member states and the EU, more policy autonomy, particularly vis-á-vis the United States, and more proactive behavior, such as during the nuclear negotiations leading to the Joint Comprehensive Plan of Action (in 2015). By engaging with a problematic member of the nonproliferation treaty, the EU not only specified and thus strengthened the treaty, but it also grew into an international nonproliferation actor to reckon with.

Article

On the one hand, the idea of a capitalist peace is a set of loosely integrated, but testable propositions. On the other hand it is part of a wider, libertarian philosophy of life. The spirit of this wider conception is best expressed by a quote from a pioneer of quantitative international politics, in 1981 Rummel wrote, “If you want peace, then minimize the power of government.” Although there has been a proliferation of variables assessing capitalism and economic interdependence—from economic freedom via contract intensity to the avoidance of state ownership or protectionism—the most frequently analyzed proposition about the capitalist peace says that trade makes military conflict and war less likely. By and large, the evidence supports this proposition in dyadic designs as well as in monadic designs. This cross-design validity of the proposition is important, because it distinguishes the peace by trade proposition from the democratic peace proposition. Most researchers agree that war is extremely unlikely in dyads where both nations are democracies. But only a minority contends that democracies are less frequently involved in military conflict than other states. The dyadic and the monadic findings are compatible because military conflict looks even more likely between an autocracy and a democracy than between two autocracies. Whereas the democratic peace is limited in application, the pacifying impact of trade or economic interdependence is more general. Moreover, the democratic peace may be embedded in a wider economic or capitalist peace. There is strong evidence that democracy rests on a foundation of capitalism or economic freedom and the prosperity that has been gained only by capitalism or some degree of economic freedom. Moreover, economic freedom and prosperity contribute to the avoidance of civil war. Better still: Economic freedom does not only promote economic growth and prosperity among those nations where people enjoy economic freedom, but the economic freedom of rich countries provides poor countries with the advantages of backwardness and catch-up opportunities. Capitalist peace theory evolves. It has been suggested that the pacifying impact of trade rests on the expectation that trade, or access to resources and markets, will continue. This suggestion requires a new look at economic sanctions, too. By interfering with trade, sanctions must undermine the expectation of future benefits of trade and globally interconnected markets. Given the rareness of evidence in favor of the effectiveness of economic sanctions in eliminating undesirable policies of other nations, a capitalist peace perspective implies the recommendation to use sanctions much less frequently than politicians do. They are likely to eliminate a pacifying factor when it is most urgently needed. The wider or visionary perspective on the capitalist peace is useful not only in connecting it with the issue of sanctions, but also in demonstrating the inherent limitations of capitalism as a tool to achieve peace. From a static perspective, capitalism, economic freedom, or trade may exert some pacifying impact, as argued above. But capitalism is a dynamic economic order. It is about “creative destruction”. Capitalism is not egalitarian. Nations grow at different speeds. They rise and decline. Capitalism and unequal economic growth upset pecking orders and contribute to power transitions that are related to risks of war, especially great power war. Whether the contribution of capitalism to power transitions—or its pacifying impact prevails—cannot be judged with much confidence.

Article

Peace research is a component of the field of international relations (IR) that focuses on the causes of war and violence as well as the conditions of peace. The origins of peace research can be traced to the works of Plato, Thucydides, Hugo Grotius, Thomas Hobbes, and Immanuel Kant. The central debate in peace research revolved around the question of whether peace is to be defined simply as the absence of war and direct violence (“negative peace”) or the whether the concept encompasses both the absence of war and direct violence plus the presence of social justice (“positive peace”). Three primary waves of peace studies worldwide since its beginnings between the world wars can be identified: the first wave, roughly from the 1930s to 1960s, focused largely on the causes of war; the second wave was concerned with radicalization and democratization of peace studies; and the third wave saw the rise of two dominant fields—those of nuclear weapons, arms control and disarmament, and conflict resolution/management. During the 1990s, there was a renewed attention to research on topics such as sanctions, peacemaking, the concept of a culture of peace, environment, development, and conflict. Peace research and peace studies have in some ways brought about a transformation not only of dominant power structures, but also of the very concept of power itself. However, there are areas that need improvement, such as developing alternatives to armed conflict and injustice.

Article

Julie Brancale, Thomas G. Blomberg, and William D. Bales

The movements of accused and convicted offenders in many countries around the world are increasingly being monitored with electronic supervision tools. Individuals can be placed on electronic monitoring (EM) by the justice system for numerous reasons and can be of varying risk levels. Currently, individuals are placed on EM as conditions of pretrial release, probation, and parole. EM is a versatile tool designed to aid correctional officers in their supervision of offenders sentenced to confinement or house arrest. There are many forms of EM devices that are designed to limit the freedom and monitor the movements of individuals to ensure they are in compliance with court-mandated restrictions. In general, EM is intended to be an alternative to detention in either jails or prisons and is an intermediate sanction that is more punitive than traditional probation but less punitive than imprisonment. The expanded use of EM in recent years is largely attributable to financial constraints and overcrowding experienced by many jails and prisons. However, the empirical research of the effectiveness and unintended consequences is limited. There are serious concerns that have yet to be addressed about possible net-widening associated with EM use and whether it truly is an effective alternative to incarceration.

Article

Patricia Faraldo-Cabana

The genealogy of pecuniary punishments is a story of constant reformulation in response to shifting political pressures, changes in institutional and administrative arrangements, and intellectual developments that changed ideological commitments of legislators and practitioners. Within this chronicle of reformulation, broad transformations since the late 17th century are discernible. These legal transformations, most of which have been widely discussed and debated, help delimitate old and new forms of punishment and, to some degree, different modes of constructing punishment inside the criminal law. Based on the notion that the legal discussions during the 19th century set the stage for the profound reforms initiated by the emergence of consumer societies, the discourses that unfolded from around the end of early modern times until now are analyzed, even though few could have predicted the increase in the use of fines and confiscation that would occur throughout the 20th century. For the fine to reach such a state of ubiquity, one of its most criticized characteristics derived from its monetary nature had to undergo a severe scrutiny: the unequal impact on offenders caused by the unequal distribution of money between individuals in society. Confiscation, on the other hand, after having being extensively used by the Nazi, fascist, and Francoist regimes against “people’s enemies” and political opponents, was rediscovered as one of the most powerful weapons in the fight against organized crime during the war on drugs in the 1980s. In the 21st century it has become increasingly important for countries to be able to freeze and confiscate property related to the committing of an offense, thus depriving criminals of their illicitly obtained assets.

Article

American activists who challenged South African apartheid during the Cold War era extended their opposition to racial discrimination in the United States into world politics. US antiapartheid organizations worked in solidarity with forces struggling against the racist regime in South Africa and played a significant role in the global antiapartheid movement. More than four decades of organizing preceded the legislative showdown of 1986, when a bipartisan coalition in Congress overrode President Ronald Reagan’s veto, to enact economic sanctions against the apartheid regime in South Africa. Adoption of sanctions by the United States, along with transnational solidarity with the resistance to apartheid by South Africans, helped prompt the apartheid regime to relinquish power and allow the democratic elections that brought Nelson Mandela and the African National Congress to power in 1994. Drawing on the tactics, strategies and moral authority of the civil rights movement, antiapartheid campaigners mobilized public opinion while increasing African American influence in the formulation of US foreign policy. Long-lasting organizations such as the American Committee on Africa and TransAfrica called for boycotts and divestment while lobbying for economic sanctions. Utilizing tactics such as rallies, demonstrations, and nonviolent civil disobedience actions, antiapartheid activists made their voices heard on college campuses, corporate boardrooms, municipal and state governments, as well as the halls of Congress. Cultural expressions of criticism and resistance served to reinforce public sentiment against apartheid. Novels, plays, movies, and music provided a way for Americans to connect to the struggles of those suffering under apartheid. By extending the moral logic of the movement for African American civil rights, American anti-apartheid activists created a multicultural coalition that brought about institutional and governmental divestment from apartheid, prompted Congress to impose economic sanctions on South Africa, and increased the influence of African Americans regarding issues of race and American foreign policy.

Article

Mainline Protestant denominations in the United States have a history of using divestment as an economic form of nonviolent moral activism. While such activism can have a domestic focus, at times church divestment efforts have emphasized foreign policy issues as an extension of church activism in the areas of social justice and moral reform. Churches have used economic activism such as divestment from apartheid South Africa and investment screens to prevent church pension and other funds from being used for products and services—such as alcohol, tobacco and munitions—deemed “immoral” by church bodies. The case of the Israeli-Palestinian conflict illustrates the broader themes and tensions involved in church divestment debates, given the media coverage that has been generated by the topic due to the special relationship between Christians and the holy land and the troubled history of Christianity and anti-Semitism. Some Protestant denominations, particularly those with a history of engagement in Israel/Palestine, have responded to the Palestinians’ call for boycott, divestment, and sanctions (BDS) to advance their freedom and human rights. However, such responses have not been immune from debate and controversy. Some mainline Protestant denominations, including the Presbyterian Church USA (PCUSA), the United Methodist Church, and the Episcopal Church have debated resolutions dealing with church divestment from companies profiting from Israel’s occupation of Palestinian territories. Such resolutions have resulted in pushback from some parties, including efforts to criminalize boycott of Israel.