Dissertations / Theses on the topic 'United Nations sanctions'

I have conducted a survey of the economic sanctions on Iraq 1990-2003 and focused on how the sanctions were implemented and how economic sanctions work in practice. In particular, I have researched the objectives the United Nations had for implementing economic punishment on Iraq, how they came into use and the outcome of it in brief.

As for the million-dollar question: Were the economic sanctions on Iraq efficient and did they “work”? My opinion stands clear that economic sanctions can work in the future. The sanction policy faced major problems in Iraq, but it also disarmed the Iraqi dictator and gave more autonomous power for the Kurds in the north. They did not “work” as the world community had expected, but no one knows what the outcome would have been if the United Nations had not reacted with such determination as they did in this matter. It is easy to be wise after the event, and it is my personal wish that economic sanctions can be used in the future, as an alternative to open war, but with a lower cost in terms of civilian lives.

The United Nations was established in the belief that working together states could curb the use of force and the damage to states and individuals associated with it. Upon its creation the United Nations Security Council became the global policeman enforcing the rules of the Charter aided by the weapons contained in Chapter V11. One of those weapons was the recourse to economic sanctions. In theory, if the economic lifeblood of a state is cut off it will be forced to modify its behaviour without the need for military intervention. As such, economic sanctions are an attractive resource for an institution seeking to avoid recourse to the use of force. In practice, however, economic sanctions have proven to be a complex tool, which have caused significant damage to those targeted by them. They have caused significant humanitarian difficulties, have been widely breached and have, in some instances, only served as a prelude to the use of force. Literature in this field to date has concentrated on single sanctions regimes or particular aspects of sanctions. It has, therefore, failed to get to the heart of the issue, which is: what has caused these problems, are they being appropriately addressed and how should they be resolved going forward. This thesis focuses on these issues. By tracing the development of economic sanctions from the establishment of the United Nations to date it offers a unique perspective on how they have evolved. It uses case studies and illustrative examples supported by a wide range of legal, political, historical and economic material to show the context in which economic sanctions are taken. It also critically analyses the difficulties that have arisen with sanctions regimes and the attempts that have been made to resolve them. Aligned to the consideration of economic sanctions is a reflection on the extent to which the power of the United Nations Security Council has developed during this time period. It suggests that the United Nations use of economic sanctions, in light of recent judicial decisions, is under threat and offers a solution in the form of a proposal for two new institutions, which would support the United Nations in its use of economic sanctions.

This analysis examines and explains the emergent model of crisis management manifest at the end of the first decade of the post-Cold War era. The end of the Cold War heralded fundamental and widespread changes in many ways but it did not, as events continue to demonstrate, confine to history the phenomenon of international crises. Indeed, evidence suggests that the post-Cold War period has witnessed an increase rather than a decrease in the incidence of crises. However, what has changed is what constitutes a crisis, the range of responses available to those who manage them and the criteria by which a successful outcome may be gauged. Changes too are apparent in time-scales and attitudes of decision-makers. These changes are not constants in all crisis situations: moreover, their impact varies. Whilst this transition is evolutionary and incremental, it is nonetheless fundamental and real. The transition from the Cold War model of crisis management to the post-Cold War model has not been smooth or by deliberate design: it has evolved somewhat haphazardly. Using the 1962 Cuban Missile Crisis as a template of Cold War crisis management, comparison and contrast is made with the three post-Cold War crises in which the major powers became entangled; the 1990-91 Gulf War, the Bosnian crisis which lasted from 1991 until 1995, and the 1998-99 Kosovo crisis. This analysis examines what has changed, whilst assessing any change in import of what has not. To do this necessitates drawing upon a variety of topics that merited detailed study in their own right. However, this paper does not seek to provide a history of UN operations, nor is it an analysis of pure strategic theory or a treatise on United States foreign policy. The most obvious differences between the two eras are to be found in the changed relationship between the United States and Russia, formerly the USSR, and consequently the significant reduction in the likelihood of global nuclear conflict. With the nuclear threshold so dramatically raised and the starkness of strategic superpower stand-off removed, other features of crises have been afforded commensurately greater prominence. Indeed the removal of restraint conditioned by the certain knowledge of mutual destruction has coincided with an increase in the incidence of crises.

The thesis argues that non-proliferation sanctions are effective primarily by their coercive effect, that is their power to change the target’s cost/benefit ratios. It does so by contrasting and comparing two key works in sanctions literature, authored by David Baldwin and the Targeted Sanctions Consortium respectively. In the case of the UN sanctions regime against the Democratic People’s Republic of Korea (DPRK), it concludes that the reason why no sufficient coercive effect has been apparent, is due to the lack of costs shouldered by the actors who have implemented the sanctions, as this reflects an apparent lack of commitment. This in turn does not sufficiently increase the possible cost of the DPRK, in continuing its nuclear weapons program. Therefore it is not incentivized to cancel its program.

The African National Congress (ANC) was the leading opponent of the South African Government's Apartheid policies. It was engaged in an Anti-Apartheid struggle and as part thereof called for South Africa's diplomatic isolation. In the course of its struggle, the ANC sought international support. Given the stature of the United Nations (UN) as the foremost international organisation, the ANC campaigned at the UN for South Africa's diplomatic isolation. This thesis focuses on the activities of African National Co~gress at the United Nations. It firstly outlines a brief history of the ANC and the UN and examines the relationship which developed between the two organisations. It then focuses on the activities of the ANC at the UN which were aimed at isolating South Africa diplomatically from the international community. Finally a brief assessment of the extent of South Africa's diplomatic isolation is provided.

Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, June 2006.
Thesis Advisor(s): Aurel Croissant. "June 2006." Includes bibliographical references (p.123-129) Also available in print.

Includes bibliographies.
This dissertation seeks to represent, as clearly as it is possible, South Africa's National Party perceptions on United States foreign policy in the 1980s. The primary area of focus is the policy switch from constructive engagement to punitive sanctions in the mid-1980s and the circumstances to which they have given rise. The following is a brief summary and the contents of the dissertation. The dissertation will give a complete and formal statement in chapter two on U.S. foreign policy toward South Africa since approximately World War Two. The dissertation will provide a clear definition and understanding of economic sanctions in chapter three and touch on the current on-going sanctions debate in South Africa. The core of the dissertation is displayed in chapter four which is a presentation the of field data collected from personal interviews with a third of the National Party caucus. This displays the National Party's perceptions on U.S. foreign policy. Following, chapter five presents alternative views to those held by the NP on the same issues discussed in chapter four. The final chapter makes an attempt at some conclusions based on the data presented in the dissertation. This study is important because it maintains that the data and questions presented in this dissertation offer interview material that has been little studied in the past, thus the findings have the virtue of freshness and uniqueness.

Denna uppsats syftar till att undersöka de normativa utrymmen som det finns i dagens internationella samhälle för förebyggande interventioner. Interventioner definieras som ett medel i en större politisk strategi som sker inom en suverän stats gränser mot dess officiella vilja. Vidare skiljer sig förebyggande interventioner från icke-förebyggande genom dess preventiva karaktär. Utifrån en begreppsanalys studeras olika interventionsformer och argument för interventionspolitikens legitimerande. I den följande normativa analysen diskuteras och ställs olika argument om interventioners legitimerande emot varandra, och det normativa utrymmet för interventioner undersöks. Interventioner, förebyggande interventioner och legitimerandet av desamma är kopplat till begrepp som suveränitet och auktoritet men också till internationella lagar och universella normer samt motiven bakom interventionerna.

Ett av de stora dilemman som uppstår kring förebyggande interventioner är valet mellan att bryta mot de internationella politiska normerna och skadan av ett passivt förhållningssätt mot mänskligt lidande. I dagens internationella samhälle skulle det kunna finnas ett normativt utrymme för förebyggande interventioner under förutsättning att motiven bakom interventionen värderas högre än argumenten mot den förebyggande interventionen. Avsaknaden av en tydlig suverän auktoritet, allmänt giltiga och accepterade motiv och ett legalt utrymme gör att det är svårt att finna en normativ yta för förebyggande interventioner i det internationella samhället. Trots en ökad positiv retorik från FN rörande förebyggande interventioner, samt att interventioner blivit alltmer accepterade, vilket inte var fallet bara femtio år tillbaka, saknar förebyggande interventioner fortfarande en allmängiltig legitimitet och acceptans.

The objective of this thesis is to study the normative space and scope for pre-emptive interventions in the international society of today. Interventions are defined as part of a broader political strategy aimed at changing the actual course of actions within a specific sovereign country against that country’s official will. Further, are pre-emptive interventions distinguished from non-pre-emptive interventions by the latter’s reactive character. Through a concept analysis are different types of intervention and the arguments for the legitimacy of different intervention policies studied. In the following normative analysis different arguments for the legitimacy of interventions are positioned against each other, and thereby the space and scope for pre-emptive interventions is examined. Interventions, pre-emptive interventions and the legitimacy thereof, are connected to concepts of sovereignty and authority, as well as international law, universal norms and the motives behind the interventions.

One of the main dilemmas considering pre-emptive interventions is the choice between breaking international political norms, and the damage of doing nothing and passively watching ongoing human suffering. Today’s international society would have a space and scope for pre-emptive interventions provided that the motives behind the intervention are considered more valid than the arguments against the same policy. The lack of an obvious international authority, general valid and acceptable motives, and a legal space for pre-emptive interventions, make it difficult to find legitimate grounds and a normative space and scope for them. In spite of an increasingly positive rhetoric by the UN on pre-emptive interventions, among other examples, pre-emptive interventions remain a general notion of legitimacy and acceptance.

碩士
東吳大學
法律學系
106
Economic sanction has been a hot topic that draws international spotlights. From the new round of sanctions against North Korea, the removal of sanction against Iran by the United Nations in 2016, to the sanction against Russia by the United States and European countries for its annexation of Crimea, the issue of economic sanction has received a great deal of international attention. Economic sanctions can be in the form of “collective sanction” which is initiated by the United Nations and is UN Security Council’s legitimate and peaceful measure to maintain international peace. They can also be “unilateral sanction” which are a measure initiated by the European Union on its own and bypasses the system of the United Nations. However, the legitimacy and legality of such sanctions are often controversial. In contrast to military actions, sanctions are flexible and cost-effective and are often considered as a major diplomatic mean to force the targeted states to change their policies and return to negotiations. Whether it is a sanction that follows the Chapter 7 in the Charter of the United Nations or a sanction introduced by European Union, the main purpose is to force the targeted states which violate international norms and values to concede and change their policies. The United Nations is an important institution of international governance and sanctions are its major and frequently used governing tool. Before 1990s, the United Nations employed “comprehensive sanction.” However, such sanctions often resulted in serious humanitarian crises in the targeted states. Consequently, the United Nation later utilized “targeted sanction” or “smart sanction” instead to against specific individuals or entities. Yet, these sanctions still raise disputes of human rights. In addition to the United Nations, European Union is also a major player of international governance. Its “Common Foreign and Security Policy” especially wield binding power over its members. As a main participant of international sanctions, European Union’s influence should not be underestimated. Since restrictive measures such as economic sanctions are part of EU’s “Common Foreign and Security Policy” and involve divisions of responsibilities among various institutions and complex European Union Law, they are the best subject for analyzing EU’s “Common Foreign and Security Policy.” To understand economic sanctions, Chapter 2 of this thesis will discuss the history of development of economic sanctions and provide an analysis based on international laws, international economics, and global governance. It will also summarize the practices of economics sanctions of the United Kingdom and the United States. Chapter 3 will focus on the United Nations’ mechanism of sanctions, including discussions of UN’s process and organizations of policy making and relating laws. Chapter 3 will also include case studies of UN sanctions against Afghanistan, Taliban, Al-Qaeda, Iran, and Iraq. Chapter 4 will focus on the development of European Union’s common foreign policy, its decision-making process of economic sanctions, and important case studies of economic sanctions against Russia and Yassin Kadi. Finally, this thesis will examine results and impacts of economic sanctions and relevant issues, including violations of human rights and humanitarian crises. In addition, it will also discuss the issues of anti-money laundering (AML) and combating the financing of terrorism (CFT) that are closely related to sanctions. Through the study on the economic sanctions of international organizations, the author hopes to uncover secrets of economic sanctions and contribute to the vast literature on international laws and global governance.

The thesis deals with contemporary problems of anti-terrorist financial sanctions imposed by the EU on the basis of its Anti-terrorist Strategy. The EU nowadays faces harsh criticism over problems with lacking efficiency and violation of human rights standards while exercising sanction instruments. Current shape of this system helped to create distinctively European judicial bodies. Due to this fact, the most important case rulings on the imposed financial sanctions against individuals suspected of terrorism are in focus of the thesis. Author states, that current conception of sanction mechanism within the EU comes to an end and will be soon replaced or abandoned or radically changed in compliance with the courts' statements and practice of the courts. This proposition answers the research question: Does the current construction of EU sanctions measures represent the very last and flawless form of its development? Or is it the case that the whole system will have to be replaced or radically changed? The author analysis objection articulated by the EU judiciary and proposes possibilities of further development and assesses these options.

International economic embargoes (IEEs) against nation states have become one of the most contested issues in the world because of the complex relationship between global politics and national economic systems. Such embargoes have been imposed six times on Iran, Iraq, North Korea and Cuba and eight times on Libya by the United States (US) from 1981 to 1991, and from the United Nations (UN) from 1992 to 2003. The aim of this research is to investigate the effects of the IEEs on the Libyan economy in general, with special reference to Libyan banks and financial institutions over the last three decades (1980 to 2010). This research answers two main questions. First, have the IEEs achieved their intended goals? Second, given Libya's position as a Third World nation that was under IEEs for 12 years, have such economic restrictions had any significant effects on the activities and performance of the Libyan banking sector and Libyan financial institutions, and if so, what strategies has Libya used to deal with such embargoes?

In this study, empirical research was conducted to investigate the effects of IEEs on Libyan banks and the Libyan economy. In general, the IEEs had a negative effect on the exchange of modern technology and services in the Libyan economy. This implies that most of the transactions between the local banks were very slow due to weak infrastructure and inadequate communication systems during economic sanctions. Moreover, the sharp decline in oil prices during 1993 to 1998 had an overall negative effect on the Libyan economy during the IEEs. To cope with the crisis, many positive monetary and financial policies were implemented by the former Libyan government-including attempts to reform the banking sector, such as controlling the interest rate, encouraging privatisation and controlling the exchange rate.

More specifically, the key findings indicated that the effect of United Nations sanctions had direct negative effects on the Libyan banking sector, including the areas of the banking staff experts, technological equipment, and foreign business. In terms of the impact of IEEs on the Libyan economy, it had more adverse effects on other sectors of the economy, such as education, health, tourism, and agriculture.

With regard to coping strategies used by the Libyan government against the IEEs, these strategies reduced the harmful effects of embargoes on the Libyan banking sector and its economy. It can be said that during international embargoes, there were successful trading relations between Libya, the European Union (EU) and neighbouring countries.

The United Nations is an international organization that was created after World War II, whose main objective is to promote cooperation, social and economic development, as well as to ensure international peace and security. The Member States are key actors in the international political system. For that reason they have strategic interests in what regards taking part in the international organizations. They see it as an opportunity to achieve those goals. The United Nations Security Council has a very important role in preserving international peace and security. It is the organ of the United Nations in which fifteen member states are represented: five permanently and ten non-permanently, being that the latter are elected for two years. Participating in the Security Council is a unique opportunity for middle powers like Portugal to promote their national interests and to increase their international visibility. In addition, they can contribute to the world’s destiny during their mandate period. Portugal has exercised his third term as a non-permanent member of the Security Council in 2011-2012 biennium, defeating Canada after a successful campaign carried out by the Portuguese diplomacy. This study analyses the participation of Portugal in the Security Council´s 2011-2012 biennium. It will focus the application process and election and the role of Portugal in the Security Council, especially in its the presidency and its intervention in the presidency of the Sanctions Committee on Libya. Its aim is to show the impact of Portuguese participation in the Security Council for international peace and security, as well as the geopolitical importance for the country of being part of the Security Council.
A Organização das Nações Unidas é uma organização internacional criada logo após a segunda Guerra Mundial, cujo objetivo principal é a promoção da cooperação, do desenvolvimento económico e social, bem como a garantia da paz e segurança internacionais. Os Estados, como atores fundamentais do sistema político internacional, têm interesses estratégicos e olham para a participação nas organizações internacionais como uma oportunidade de alcançar esses objetivos. O Conselho de Segurança das Nações Unidas tem uma função bastante importante na preservação da paz e segurança internacionais, sendo o órgão da Organização das Nações Unidas no qual estão representados quinze Estados membros, cinco permanentes e dez não permanentes, sendo estes últimos eleitos para mandatos de dois anos. A participação no Conselho de Segurança é uma oportunidade única para as médias potências como Portugal conseguirem promover os seus interesses nacionais e para aumentar a sua visibilidade internacional, para além de poderem contribuir para os destinos do mundo durante o período do mandato. Portugal exerceu o seu terceiro mandato como membro não permanente do Conselho de Segurança no biénio 2011-2012, derrotando o Canadá após uma campanha de sucesso desenvolvida pela política diplomacia. Esta dissertação debruça-se sobre o processo de candidatura e eleição, bem como sobre o papel desempenhado por Portugal durante dois anos no Conselho de Segurança, focando em particular o exercício da presidência e a intervenção no âmbito do Comité de Sanções à Líbia. O seu objetivo é demonstrar o impacto da participação Portuguesa no Conselho de Segurança para a paz e segurança internacionais, bem como aferir a importância geopolítica para o país da pertença a este órgão das Nações unidas.

Sanctions are one of the ways in which individual states or the international community can enforce their rights and interests. They can vary from banning travel to boycott and embargo affecting the entire country's economy. The sanctions have recently been practiced primarily by the European Union and the United Nations, and by the United States in case of particular countries. The topic of this work is international sanctions against Russia and Iran. Both countries have been in conflict with the international community in recent years, and both countries were punished. In the case of Iran, there were concerns about the use of the Iranian nuclear program for military purposes, the main objective was to prevent Iran from acquiring nuclear weapons. Russia has been the subject of sanctions as a result of violations of international agreements and international law on the basis of the occupation of the Ukrainian Crimea and the development of the military conflict in the East of Ukraine. The thesis describes the reasons, course and impact of sanctions imposed on Iran and Russia, the Iranian and Russian economies and their representatives. At the same time, it seeks to assess the impact of sanctions both in the economic sphere and in terms of changes in the political direction of both countries.

Le principal reproche qui est adressé au droit international est la faiblesse de ses mécanismes de sanctions. Pour cette raison, plusieurs penseurs juridiques ont conclu que le droit international n'existait pas. Le présent mémoire vise donc à étudier la rhétorique derrière cette affirmation et à examiner sa validité. Pour ce faire, nous analysons dans un premier temps la relation entre la sanction et le droit à travers le cadre positiviste du XIXe siècle. Nous étudions tour à tour les soi-disant critères constitutifs de la sanction. Nous les comparons avec d'autres ordres non juridiques pour ensuite rejeter le postulat positiviste qui fait de la contrainte et de la centralisation des pouvoirs les éléments essentiels de la sanction. Nous étudions ensuite le cadre d'adoption des sanctions économiques du Conseil de sécurité des Nations Unies. Cette étape nous permet d'expliquer les principales faiblesses et limitations du droit international. Parmi celles-ci, le manque de coopération internationale, le droit de veto et le principe de la souveraineté nationale sont les éléments qui freinent l'adoption des sanctions coopération internationale. Nous examinons ensuite les objectifs derrière l'imposition des sanctions ainsi que leur efficacité. Finalement, nous étudions les embargos en général et les embargos sur les armes. Cette étude nous permet d'une part de démontrer les effets des sanctions économiques sur la population civile et sur les États tiers. D'autre part, elle nous permet de mieux comprendre les problèmes relatifs à l'administration d'une sanction, ainsi qu'aux mesures de contournement des interdictions.
The fundamental criticism addressed to internationallaw denounces the weaknesses of its sanctions mechanisms. For this reason, severallegal thinkers conc1uded to the inexistence of international law. The present text studies the rhetoric behind this statement and examines its validity. To do so, we analyze in the first place the relationship between sanction and law through the positivist framework of the XIXth Century. We examine in turn the so-called fundamental elements of sanction. We compare these elements with different non-Iegal orders so that we can ultimately reject the positivist theory according to which coercion and centralization ofpower are the fundamental elements of sanction. Chapter II examines the United Nations Security Council framework for adopting economic sanctions. This step allows us to underline the main sources ofweaknesses and limitations of internationallaw. In this respect we observe that the lack of international cooperation is the major weakness of internationallaw. Furthermore, an analysis of the relevant dispositions of the United Nations Charter shows that the veto right and the principle of international sovereignty are two elements that hamper international cooperation. We then study the objectives behind the adoption of sanctions as well as their effectiveness. Finally, we study general embargoes as well as arms embargos. This inquiry allows us to focus on the effects of economic sanctions on both civilians and third States. It also helps us understand the problems with regard to the administration of a sanction, as well as the ways to bypass the prohibitions.
"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de Maîtrise en droit, option recherche (LL.M)". Ce mémoire a été accepté à l'unanimité et classé parmi les 10% des mémoires de la discipline. Commentaires du jury : "Excellent mémoire qui aborde de façon intelligente et stimulante un sujet par ailleurs complexe. Félicitations des membres du jury qui ont apprécié avoir le privilège de lire ce texte."