Unilateral Sanctions in International Law and the Enforcement of Human Rights

Bogdanova, Iryna

doi:10.1163/9789004507890

Cited by 20 publications

(4 citation statements)

References 5 publications

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“…Collective sanctions, which are adopted under the UN framework, are considered legitimate. However, unilateral sanctions are often considered illegitimate and not based on international law (Hofer, 2017;Bogdanova, 2022). Unilateral economic sanctions do not fall squarely within a single existing legal category in international law and may be divided into categories such as retorsion, reprisals, countermeasures, third-party countermeasures (solidarity measures) and sanctions (Bogdanova, 2022, p. 60).…”

Section: Sanctions and Food Securitymentioning

confidence: 99%

“…Like unilateral sanctions, the term "unilateral economic sanctions", which is the focus of this paper, also does not have a universal definition. However, it is understood that unilateral economic sanctions lie at the crossroads between economic and political rationales and include restrictive measures that target the financial, banking, energy, transport or other critical sectors of the targeted State (Bogdanova, 2022).…”

Section: Introductionmentioning

confidence: 99%

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Unilateral economic sanctions and food security

Ray,

Siddiqui

2023

JITLP

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Purpose This paper aims to highlight the lacunae in international trade law concerning unilateral economic sanctions that impact food security. Design/methodology/approach This paper adopts a literature review to establish that unilateral economic sanctions impact food security and a descriptive assessment of a few such sanctions. Thereafter, it adopts doctrinal analysis of such sanctions under World Trade Organization law and identifies the gaps to address the specific situation of unilateral economic sanctions that impact food security. Findings Unilateral economic sanctions are not effectively regulated under international law. Unilateral economic sanctions are known to impact food security not just in the targeted country but also in third countries. Under international trade law, the security exception under Article XXI of the General Agreement on Tariffs and Trade (GATT) does not currently require an assessment of necessity and proportionality of measure. However, there is scope for such an assessment in the future depending on the circumstances, particularly if a measure impacts the rights and interests of third countries by impacting global food security. Originality/value The paper conducts a literature review of the impact of unilateral economic sanctions on food security. It highlights the gap in the interpretation of GATT Article XXI when assessing such sanctions that adversely impact the food security of third countries. The paper may be helpful for academics, policymakers, international organizations, non-governmental organisations, etc.

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Section: Sanctions and Food Securitymentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Unilateral economic sanctions and food security

Ray,

Siddiqui

2023

JITLP

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“…In other words, when unilateral sanctions are not within the scope of international law prohibition, a country does theoretically have the right to impose sanctions against other countries and entities based on its domestic law, and to use this as a diplomatic tool to achieve policy objectives. [11] Translation to English: In conclusion, unilateral sanctions have a certain legitimacy under international law, but this does not mean that every unilateral sanction necessarily conforms to existing principles of international law and international treaties. Whether they are legal requires further exploration.…”

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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“…Among the authors that have recently dedicated their research to this topic Tom Ruys, Larissa van den Herik, Craig Martin, Iryna Bogdanova, Andrew Mitchell, Mirco Sossai, Nadia Zelyova, Matyas Mytro must be mentioned. Special attention is to be paid to the doctoral dissertation of Iryna Bogdanova "Unilateral Sanctions in International Law and the Enforcement of Human Rights: The Impact of the Principle of Common Concern of Humankind" published in 2022 [2]. The current research is based on the conclusions made by the above-mentioned authors and the comparative study of relative national legislation of the EU, the US and Canada, which gives the possibility of making recommendations and proposals for the future amendment of the Law of Ukraine "On Sanctions".…”

mentioning

confidence: 99%

Sanctions as a Tool to Achieve Compliance With International Law: Some Issues of National Implementation and Enforcement

Nihreieva¹

2023

Odesa National University Herald. Jurisprudence

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The article is dedicated to sanctions as a tool for enforcing international legal obligations. In particular, some issues of their implementation at the national level are considered. The author analyzes the recent practice and legislation of the US, the EU, Canada and Ukraine. The choice of these actors is explained by their active participation in sanctions imposed on the Russian Federation in relation to its invasion of Ukraine. The main purpose of the study is to make a comparative analysis of national regulations in order to make recommendations for the improvement of the Law of Ukraine «On Sanctions» under which the sanctions on the Russian Federation and their residents are imposed. The publication considers such questions as the definition of sanctions or restrictive measures as they are often named, the grounds of their adoption, their types and enforcement. The last aspect is of great importance due to the fact that private companies often try to evade sanctions because for them sanctions mean restriction of their economic activities and, consequently, financial loss. In this regard the enforcement practice of the US is very useful and can be considered to be an example to follow for Ukraine and even for the EU. At the same time a very broad basis for US sanction imposition poses the question of their lawfulness both through the prism of international economic law and international human rights law. In this connection it is suggested that Ukraine should have a reasonable and more logical approach to the formulation of grounds for sanctions adoption that would be more consistent with the legal positions of other states applying sanctions in order to enforce international law.

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Unilateral Sanctions in International Law and the Enforcement of Human Rights

Cited by 20 publications

References 5 publications

Unilateral economic sanctions and food security

Unilateral economic sanctions and food security

Analysis of the Legality of Unilateral Sanctions

Sanctions as a Tool to Achieve Compliance With International Law: Some Issues of National Implementation and Enforcement

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