Legitimacy of Enforcement of Unilateral Economic Sanctions in International Law: Guarantor of International Law or National Policy Means?
Subject Areas : Journal of Law and Politics
Ehsan
Javid
1
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Keywords: Economic Sanction, Economic Pressure, legitimacy, Sanction, Counter-Measure, Extraterritorial Jurisdiction,
Abstract :
As a non-organized legal system, international law has been based on decentralized sanction regime. By virtue of this fact, in many cases, states have resorted to unilateral acts particularly unilateral economic sanctions as an aspect of self-help in international law. Economic sanctions have become integral features of many states’ regulatory systems and can take the form of trade embargoes, export controls, and restrictions on financing, investment and state aid. However, they have attracted a great deal of attention in recent years because of their increased use and the substantial economic and social costs they impose on targeted countries, businesses and individuals. The most problematic issue in this respect is about their legitimacy and coincidence with international norms especially international human rights law. It is said that they impose immense humanitarian costs on the civilian populations of targeted countries. Therefore, their grave humanitarian and human rights effects and consequences give rise to international responsibility of sanctioning states.
