The Right to be Free from Economic Coercion

Tzanakopoulos, Antonios

doi:10.7574/cjicl.04.03.616

Cited by 19 publications

(6 citation statements)

References 2 publications

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“…As stated above, public international law does not establish a right for states to be free of economic coercion. 114 There is a more general prohibition on coercion contained in the customary law principle of non-intervention. 115 The 1970 UN General Assembly Resolution on Friendly Relations stipulated that various forms of coercion may violate the principle of non-intervention, including economic coercion.…”

Section: Compliance With International Lawmentioning

confidence: 99%

EU Trade Policy between Constitutional Openness and Strategic Autonomy

Kübek,

Mancini

2023

European Constitutional Law Review

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From ‘strategic autonomy’ to ‘open strategic autonomy’ in the 2021 EU Trade Policy Review – questioning the added value of the qualifier ‘open’ – legal exploration of ‘openness’ in EU external trade – identification of constitutional norms of ‘openness’ in the Treaties – strong constitutional preference for openness – discretion for trade liberalisation and multilateralism and international cooperation but strict obligation for compliance with international law – reviewing recent EU trade instruments in light of these norms – rise in unilateral trade policy instruments adopted since 2021 in pursuit of open strategic autonomy – instruments seeking to restore reciprocity in international trade relations – instruments using access to the internal market as a lever for achieving global sustainability goals – instruments preserving EU security through trade – problematic tensions with international law – very limited ‘openness’ in ‘open strategic autonomy’.

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Section: Compliance With International Lawmentioning

confidence: 99%

EU Trade Policy between Constitutional Openness and Strategic Autonomy

Kübek,

Mancini

2023

European Constitutional Law Review

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“…Therefore, in the absence of prohibition by international treaties and customary international law, states have the right to exercise any sovereign power. [10] The International Court of Justice also demonstrated a similar attitude in its judgment in the "Military and Paramilitary Activities case": "...In the absence of treaty commitments or other specific legal obligations, a state is not obliged to continue a particular trade relationship beyond the time it deems appropriate;...The cessation of economic aid is more unilateral and ISSN 2616-5783 Vol.6, Issue 17: 101-107, DOI: 10.25236/AJHSS.2023.061718…”

Section: Analysis Of the International Legality Of Unilateral Sanctionsmentioning

confidence: 99%

Analysis of the Legality of Unilateral Sanctions

2023

AJHSS

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According to the nature of international law, sanctions implemented by a state or collective of states can be divided into "multilateral sanctions" authorized by the United Nations and "unilateral sanctions". Unlike multilateral sanctions, unilateral sanctions cannot obtain legitimacy from Security Council resolutions, and their legality is subject to significant controversy. International law does not generally prohibit unilateral sanctions, but this does not mean that every unilateral sanctions measure complies with existing principles of international law and international treaties.Unilateral sanctions may potentially violate specific treaty obligations under the WTO system, as well as the principle of non-interference in the domestic affairs of other countries. However, the illegality of such sanctions can be excluded when these actions meet the requirements of exception clauses or comply with the substantive and procedural requirements for "countermeasures". In reality, the specific content of sanctions varies, making it impossible to directly determine the legality or illegality of unilateral sanctions. Instead, a systematic analysis should be conducted in conjunction with specific circumstances.

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“…Although this position may rest on shaky legal ground -international law scholars refuse to acknowledge the existence of the right to be free from economic coercion (Tzanakopoulos, 2015), China's vehement opposition to unilateral sanctions is reflected in its persistent anti-sanctions rhetoric, which depicts Western sanctions as imperialist and interventionist (Poh, 2021). According to some commentators, this rhetoric has a constraining effect on China's use of unilateral economic coercion (Poh, 2021).…”

Section: (I) China's Attitude Towards Unilateral Economic Sanctions (...mentioning

confidence: 99%

China and the WTO

2023

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Examining the twenty years since China acceded to the World Trade Organization, this collection provides an original, systematic assessment of the opportunities and challenges that China has presented to the WTO. Offering in-depth analyses of the 'two-way' relationship between China and the WTO, the contributions explore a range of key issues from the varied effects of WTO membership for China and the global economy to the responses of the WTO members to China's rapid economic growth. It presents diverse perspectives of leading scholars from multiple disciplines, including law, economics, political science, and international relations, as well as practical insights from senior policymakers from both China and the United States. This is an invaluable contribution to ongoing debates about the implications of the rise of China for global economic governance and enriches discussions of the wide-ranging implications of China's growing integration into the multilateral trading system, both now and in the future. This title is also available as Open Access on Cambridge Core.

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The Right to be Free from Economic Coercion

Cited by 19 publications

References 2 publications

EU Trade Policy between Constitutional Openness and Strategic Autonomy

EU Trade Policy between Constitutional Openness and Strategic Autonomy

Analysis of the Legality of Unilateral Sanctions

China and the WTO

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