Journal articles: 'United Nations sanctions'

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Eckert, Sue E. "United Nations Nonproliferation Sanctions." International Journal: Canada's Journal of Global Policy Analysis 65, no. 1 (March 2010): 69–83. http://dx.doi.org/10.1177/002070201006500105.

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Portela, Clara. "National Implementation of United Nations Sanctions." International Journal: Canada's Journal of Global Policy Analysis 65, no. 1 (March 2010): 13–30. http://dx.doi.org/10.1177/002070201006500102.

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Gordon, Joy. "Introduction." Ethics & International Affairs 33, no. 3 (2019): 275–77. http://dx.doi.org/10.1017/s0892679419000340.

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It is hard to imagine a threat to international security or a tension within U.S. foreign policy that does not involve the imposition of economic sanctions. The United Nations Security Council has fourteen sanctions regimes currently in place, and all member states of the United Nations are obligated to participate in their enforcement. The United States has some thirty sanctions programs, which target a range of countries, companies, organizations, and individuals, and many of these are autonomous sanctions that are independent of the measures required by the United Nations. Australia, Canada, the European Union, Japan, South Korea, and others also have autonomous sanctions regimes, spanning a broad range of contexts and purpose. Most well-known are those concerning weapons proliferation, terrorism, and human rights violations; but sanctions are also imposed in such contexts as money laundering, corruption, and drug trafficking. States may also impose sanctions as a means to achieve foreign policy goals: to pressure a foreign state to bend to the sanctioner's will, to punish those who represent a threat to the sanctioner's economic or political interests, or to seek the end of a political regime toward which the sanctioner is hostile, to give but a few examples.

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Horowitz, Jonathan. "United Nations Security Council Resolution 2339." International Legal Materials 56, no. 5 (October 2017): 1041–53. http://dx.doi.org/10.1017/ilm.2017.34.

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On January 27, 2017, the UN Security Council unanimously adopted Resolution 2339 to extend by one year the mandate of a sanctions regime to address protracted violence, insecurity, and political turmoil in the Central African Republic (CAR). Three years after the Council first imposed the regime under Resolution 2127 (2013), the Council's adoption of Resolution 2339 made it clear that the situation in CAR continued to require a robust sanctions regime, that sexual violence in CAR needed heightened political attention, and that states should improve the ways they enforce the sanctions regime's travel ban. Similar to its predecessor resolutions, Resolution 2339 included certain limitations aimed at making the sanctions targeted and humane. But, as has been the case with sanctions regimes aimed at other countries, this one suffered from a lack of due process guarantees for ensuring the protection of the human rights of the people and entities that were punished for noncompliance.

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Doxey, Margaret. "United Nations sanctions: Lessons of experience." Diplomacy & Statecraft 11, no. 1 (March 2000): 1–18. http://dx.doi.org/10.1080/09592290008406138.

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Jayakody, Nadeshda. "Refining United Nations Security Council Targeted Sanctions." Security and Human Rights 29, no. 1-4 (December 12, 2018): 90–119. http://dx.doi.org/10.1163/18750230-02901003.

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The United Nations Security Council’s targeted sanctions seek to protect global peace and security. The majority of these sanctions are imposed on individuals deemed to be a terror threat and include measures such as asset freezes and travel bans. These measures can impede, inter alia, the right to private life and freedom of movement of targeted individuals. While it is accepted that certain rights can be restricted for the protection of public security, restrictions must be proportional under international human rights law. Given that UN sanctions regimes have come under scrutiny in recent years for their lack of procedural safeguards and disproportionate restrictions on fundamental rights, this article argues that proportionality based reasoning should be included in sanctions committees’ substantive decision-making processes. Other procedural safeguards should also be incorporated by UN sanctions committees. This would help ensure that sanctions are more measured and minimise impairment of human rights.

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McLaughlin, Rob. "United Nations Mandated Naval Interdiction Operations in the Territorial Sea?" International and Comparative Law Quarterly 51, no. 2 (April 2002): 249–78. http://dx.doi.org/10.1093/iclq/51.2.249.

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The practice of imposing economic sanctions in order to influence the actions of states and other parties—historically with varied levels of actual effectiveness—has a long and chequered history.2 Given, however, that more than 90 per cent of the world's trade is carried by sea,3 it is one particular form of sanction management—the ‘so called economic weapon’ of naval blockade— which tends to dominate the implementation of sanctions regimes.4 Yet despite the frequency with which naval forces are used to implement maritime sanctions—or perhaps because of the long but erratic history of naval embargo and blockade—the regime as a whole remains haunted by some uncertainties as to its conceptual basis. As WL Martin observes, ‘some measures such as “pacific blockade”, have at times acquired a technical meaning’ which has left them ill-equipped to deal with and adjust to new developments in blockade practice.5 Even prior to 1914, the notion of ‘blockade’ was a dualist concept. On one hand, it was clearly a weapon of war.6

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Boudreau, Donald G. "On creating a united nations sanctions agency." International Peacekeeping 4, no. 2 (June 1997): 115–37. http://dx.doi.org/10.1080/13533319708413669.

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CHARRON, ANDREA, FRANCESCO GIUMELLI, and CLARA PORTELA. "Introduction: the United Nations and targeted sanctions." International Affairs 91, no. 6 (November 2015): 1335–37. http://dx.doi.org/10.1111/1468-2346.12457.

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Gupta, Dhruba. "Book Review: The Politics of United Nations Sanctions." India Quarterly: A Journal of International Affairs 44, no. 1-2 (January 1988): 127–30. http://dx.doi.org/10.1177/097492848804400112.

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GIUMELLI, FRANCESCO. "Understanding United Nations targeted sanctions: an empirical analysis." International Affairs 91, no. 6 (November 2015): 1351–68. http://dx.doi.org/10.1111/1468-2346.12448.

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12

Klabbers, Jan. "United Nations Sanctions and the Rule of Law." International Organizations Law Review 5, no. 1 (2008): 233–36. http://dx.doi.org/10.1163/157237408x333031.

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13

Radtke, Mitchell, and Hyeran Jo. "Fighting the Hydra." Journal of Peace Research 55, no. 6 (August 31, 2018): 759–73. http://dx.doi.org/10.1177/0022343318788127.

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In the past 25 years, the United Nations has sanctioned 28 rebel groups in 13 civil wars. Have the UN sanctions been effective in meeting the goal of conflict reduction? In this article, we argue that UN sanctions are effective to the extent that they can constrain and weaken some rebel groups. But this constraining effect can only occur when UN sanctions curtail rebel groups’ ability to adapt. For less adaptable groups, UN sanctions can trigger a causal chain of depressed rebel income, territorial losses, and battlefield defeats that leads to conflict reduction. This adaptability is the key to the understanding of UN sanctions’ effectiveness in conflict reduction, as rebel groups often engage in illegal and criminal economic activities and many of them are ‘Hydra-like’, being able to shift their income sources in response to sanction measures. As evidence of how UN sanctions can trigger these conflict dynamics, we first perform negative binomial regression on all civil war cases. We then proceed to provide more detailed evidence for our causal chain by conducting time-series intervention analysis on two sanctioned rebel groups: UNITA in Angola and al-Shabaab in Somalia. Our work is the first systematic quantitative analysis of UN sanctions’ effects on rebel groups, and the results have implications for the viability of economic coercion as a means to intervene into civil conflicts.

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Rathbone, Meredith, and Pete Jeydel. "United Nations Security Council Resolutions 2321, 2371, & 2375." International Legal Materials 56, no. 6 (December 2017): 1176–208. http://dx.doi.org/10.1017/ilm.2017.40.

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As concerns grow that North Korea's nuclear weapons and ballistic missile programs are nearing the point of becoming an unacceptably dire threat to international peace and security, the United Nations, acting with unprecedented collective resolve, has imposed potentially suffocating international economic sanctions on North Korea. These sanctions are bolstered by even more stringent measures imposed unilaterally by the United States. The international community has not in recent memory come together in this way to seek to cut a country off from nearly all trade and investment. This will be a test of the effectiveness of economic sanctions in achieving a nonmilitary solution to what is arguably the most significant military threat impacting global interests since the end of the Cold War.

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15

Stenhammar, Fredrik. "Swedish State Practice 2004–5: United Nations Targeted Sanctions." Nordic Journal of International Law 75, no. 2 (2006): 317–20. http://dx.doi.org/10.1163/157181006778666632.

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CONLON, PAUL. "Legal Problems at the Centre of United Nations Sanctions." Nordic Journal of International Law 65, no. 1 (1996): 73–90. http://dx.doi.org/10.1163/157181096x00039.

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17

Gordon, Joy. "Smart Sanctions Revisited." Ethics & International Affairs 25, no. 3 (2011): 315–35. http://dx.doi.org/10.1017/s0892679411000323.

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Targeted sanctions—often referred to as “smart sanctions”—began in large measure as a response to the UN Security Council sanctions imposed on Iraq in 1990 and 1991, after its invasion of Kuwait. By 1991 it was clear that the sanctions on Iraq, initially welcomed by antiwar activists as a peaceful alternative to military action, were different from any sanctions seen before. Combined with the destruction from the bombing campaign of the Gulf War, they were devastating to the Iraq economy and infrastructure, resulting in widespread malnutrition, epidemics of water-borne diseases, and the collapse of every system necessary to ensure human well-being in a modern society. As the sanctions seemed to have no end in sight, there was considerable “sanctions fatigue” within the United Nations, as well as a growing body of literature that questioned whether sanctions were effective at obtaining compliance by the target state, even when there was considerable impact on its economy.In the wake of these concerns, there were efforts in many venues to design sanctions that would not have the humanitarian impact of broad trade sanctions, and that would also be more effective by putting direct pressure on individual national policy-makers. These targeted sanctions included arms embargoes, financial sanctions on the assets of individuals and companies, travel restrictions on the leaders of a sanctioned state, and trade sanctions on particular goods. Many viewed targeted sanctions as an especially promising tool for foreign policy and international governance, and many still see targeted sanctions as a natural and obvious solution to a broad array of difficult situations. But there are considerable difficulties with each type of targeted sanction, with regard to implementation, humanitarian impact, and, in some cases, due process rights. Some of these difficulties may be resolved as these measures continue to be refined. Others are rooted in fundamental conflicts between competing interests or intractable logistical challenges.

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Kelly, Robert E. "In Defense of North Korea Sanctions." Korea Observer - Institute of Korean Studies 53, no. 2 (June 30, 2022): 247–76. http://dx.doi.org/10.29152/koiks.2022.53.2.247.

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South Korean President Moon Jae-In's administration has sought sanctions relief for North Korea, but South Korea's allies have rejected those solicitations. This paper formalizes the allies' anti-relief impulses. It argues both against sanctions critiques and on behalf of sanctions. First, it disputes common sanction critiques, arguing that: 1) the humanitarian crisis in North Korea is the fault of the regime's choices, not sanctions; 2) sanctions have in fact been somewhat effective; and 3) North Korean leader Kim Jong Un is not a reformer. Second, this paper defends sanctions, because they: 1) express the international community's moral rejection of North Korean totalitarianism; 2) constrict North Korean economic growth in the strategic interest of South Korea and its partner democracies; 3) deter other states from following North Korea's nuclear and missile path; 4) give teeth to United Nations Security Council resolutions; and 5) punish North Korea for international law (UNSCR) violations.

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Gospel Sopuruchi Obi and Kialee Nyiayaana. "United states sanctions and nuclear disarmament in North Korea." World Journal of Advanced Research and Reviews 17, no. 1 (January 30, 2023): 749–55. http://dx.doi.org/10.30574/wjarr.2023.17.1.0094.

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More than five United States administrations have employed unilateral and multilateral sanctions on North Korea; the same tool of coercion exerted on Iran, yet all efforts to record a successful nuclear deal with North Korea has proved abortive till date. This article seeks to address a key question: How do United States sanctions influence the behavior of North Korea towards nuclear disarmament? The aim is to analyze sanctions effectiveness with particular reference to the role of the United States in the denuclearization of the Korean peninsula. The theory adopted was political realism, which argues that power and coercion are major instruments for achieving state’s national interests. This article relied on secondary data which were analyzed through content analysis. The finding of the article suggests that United States sanctions have limited impact on the behavior of North Korea as the Supreme leader of North Korea continues with the aggressive behavior of six nuclear testing between 2006 to November, 2017. The key factor that undermines the effectiveness of the United States sanctions includes lack of credibility and relative menace in US use of coercion over North Korea, lack of airtight implementation of sanctions on North Korea, Plurality of objectives and the indoctrination of North Korea Juche Ideology. The study concludes that the United States ultimate goal of complete, verifiable and irreversible denuclearization (CVID) in Korean Peninsula is an inconsistent policy objective of various US administrations which conflicts with North Korea’s national interest. This article recommends setting up eagle-eyed monitoring committees to keep track on sanctions implementations protocols within United States ranks and member states of United Nations with the aim of tightening loopholes militating airtight execution of agreed sanctions.

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20

Mastanduno, Michael. "Strategies of Economic Containment: U.S. Trade Relations with the Soviet Union." World Politics 37, no. 4 (July 1985): 503–31. http://dx.doi.org/10.2307/2010342.

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If a consensus exists in the literature on international economic sanctions, it is that attempts to use economic instruments to achieve political objectives are likely to fail.1 This widely shared conclusion has been based on the analysis of a number of highly visible but unsuccessful attempts, including the League of Nations' sanctions against Italy in 1935–1936, the Arab boycott of Israel, U.S. sanctions against the Castro regime, United Nations sanctions against Rhodesia, and most recently, U.S. sanctions against the Soviet Union following the invasion of Afghanistan and the imposition of martial law in Poland.

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21

Cohen, David S., and Zachary K. Goldman. "Like it or Not, Unilateral Sanctions Are Here to Stay." AJIL Unbound 113 (2019): 146–51. http://dx.doi.org/10.1017/aju.2019.24.

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Financial and economic sanctions are often adopted to serve multiple ends, including deterrence and prevention, but they are best understood as a tool to incentivize change in a target's behavior. In pursuit of this coercive objective, it is generally—but not always—the case that sanctions are more effective when they are imposed multilaterally, and the broader the coalition the better. This is because multilateral sanctions leverage the diverse sources of pressure that coalition partners can bring to bear on a target and carry with them the legitimacy of broad international support. Taken to its extreme, this argument may suggest that sanctions should always be multilateral, whether adopted through the United Nations, another forum, or an ad hoc coalition. But as we explain below, there are at least two significant reasons that militate in favor of unilateral sanctions. First, within the broad limits of international law, every country must retain the authority to impose sanctions to protect its sovereign security interests, even when it cannot muster a coalition of like-minded allies or a sufficient number of votes—and avoid a veto—on the UN Security Council. Second, imposing “smart” sanctions is actually a difficult business, requiring a complex administrative apparatus to design, build, implement, enforce, and defend them. International institutions, including the United Nations, are inherently less able to build the necessary structures to effectively enforce sanctions. For all of these reasons, two systems of sanctions—one national, one supranational—will likely coexist into the future.

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22

Terry, Neil, and Amjad Abdullat. "The impact of united nations economic sanctions on Iraqi civilians." International Advances in Economic Research 10, no. 3 (October 2004): 246. http://dx.doi.org/10.1007/bf02296224.

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23

Magnusson, Finnur. "Targeted Sanctions and Accountability of the United Nations Security Council." Austrian Review of International and European Law Online 13, no. 1 (2011): 35–78. http://dx.doi.org/10.1163/15736512-13000028.

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Magnusson, Finnur. "Targeted Sanctions and Accountability of the United Nations Security Council." Austrian Review of International and European Law Online 13, no. 1 (2011): 35–78. http://dx.doi.org/10.1163/15736512-90000028.

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Gibson, Ruth Margaret. "The Role of Health Researchers in Documenting Health Suffering and Crimes against Humanity Resulting from 2018 US Sanctions against Iran." Research in Health Science 3, no. 4 (December 21, 2018): 130. http://dx.doi.org/10.22158/rhs.v3n4p130.

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<p><em>On November 20, 2018, the United States imposed unilateral sanctions on the Republic of Iran. The intention of these sanctions, which are being used in conjunction with other political pressures, is to impose financial hardship on Iran for its perceived support of Syrian president Bashar al-Assad and terrorism. The consequences of these sanctions for the Iranian population will be manifold, with health likely to be one of the first sectors to suffer. There is no designated international body responsible for monitoring population health in the wake of sanctions; thus, health researchers have a pivotal role to play in the international community. The timely collection of health data can supply bodies such as the United Nations Security Council with information about the justness of the US sanctions and can be used in making arguments to protect human rights, including health, and in preventing crimes against humanity. This article briefly explains the concept of crimes against humanity and how health data and health service researchers can play an important role in drawing attention to declining health indicators in a sanctioned country.</em></p>

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Afriyie, Frederick Appiah, and Jisong Jian. "An Investigation of Economic Sanctions and Its Implications for Africa." Journal of Politics and Law 11, no. 3 (August 30, 2018): 74. http://dx.doi.org/10.5539/jpl.v11n3p74.

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Economic sanctions are not only applied to countries in Africa by the United Nations (UN), the European Union (EU) and the United States (US) but also by the African Union (AU) and the Economic Community of West African States (ECOWAS) as well. The African continent is considered to be the most affected in terms of the influences of more economic sanctions from the UN, EU, and the U.S than any other continent across the globe and these sanctions normally comes into force as a result of conflicts, civil wars and also unconstitutional overthrow of a constitutionally elected government. Also these sanctions come to serve as a punishment and a deterrent to those who deviate from or go against internationally agreed laws.Undeniably, in recent years economic sanctions have become more effective and an efficient known foreign policy tool used as the number one alternative to halt wars or military takeovers.Despite economic sanctions being widely accepted by the international community as the most effective panacea and also a preferred choice, when it is imposed on a state, it has serious repercussions on the innocent citizens while the initiators or the main officials in various positions for whom these sanctions were intended for are always left off the hook.This paper therefore investigates the merits and the demerits that are associated with economic sanctions both within some countries on the African continent and the non-African continent. In addition, we will elaborate on the implications of such sanctions relative to the Africa Continent. The paper is divided into four sections. The first section of this paper elaborates on the introduction, the importance of economic sanctions and the types of sanctions. The second section deals with the definition of economic sanction, explains the sanction process at EU, AU, UN and the US and the final part looks at both the positive and negative effects of economic sanctions.

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Gordon, Joy. "The Not So Targeted Instrument of Asset Freezes." Ethics & International Affairs 33, no. 3 (2019): 303–14. http://dx.doi.org/10.1017/s0892679419000315.

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AbstractAsset freezes are sometimes viewed as the quintessential form of targeted sanctions—relatively effective in achieving their goals, while affecting only the individuals and companies that are “bad actors.” However, as part of the roundtable “Economic Sanctions and Their Consequences,” this essay argues that there are significant ethical problems raised by asset freezes and other forms of targeted financial sanctions. Sanctioners (specifically, the United Nations Security Council and the U.S. government) have long been criticized for targeting individuals and companies for arbitrary reasons or without adequate due process. However, there is a second concern that is less well known. Asset freezes and other targeted financial sanctions may be imposed on government officials, government agencies, or private companies that hold a critical role in the target country's economy. A country's central bank, national oil company, or national shipping line, for example, may be severely compromised as a result of its inclusion on a financial blacklist. In addition to the explicit prohibitions imposed by targeted financial sanctions, there is a chilling effect as well. This can be seen when international banks and corporations withdraw from the target country altogether because the burden of compliance with these measures is so great, and the potential penalties so high.

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Caba-Maria, Flavius, and Radu-Cristian Muşetescu. "The impact of international economic sanctions on national economies. The Islamic Republic of Iran - a case in point." Proceedings of the International Conference on Business Excellence 14, no. 1 (July 1, 2020): 1014–23. http://dx.doi.org/10.2478/picbe-2020-0096.

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AbstractThis paper explores the impact of economic sanctions on national economies, with specific focus on Iran. It starts by conceptualizing sanctions in the set of economic policies and include them in the framework of economic statecraft, according to literature available. Several hypotheses that attempt to anticipate the form of sanctions are advanced, according to the intensity of geopolitical competition among the states. The analysis uses the case study of the regime of United States’ sanctions against the Islamic Republic of Iran. Tehran and P5+1 powers (the permanent members of the United Nations Security Council and Germany) agreed on a deal regulating the nuclear program of Iran - Joint Comprehensive Plan of Action, meaning that Iran would reduce its nuclear activities drastically in exchange of lifting economic sanctions. In spite of the initial enthusiasm, United States announced in May 2018 the unilateral withdrawal from the deal and reinstating the sanctions regime, spiking new tensions in the relation with Iran. As a result, the paper discusses the context in which Iran tries to pursue economic goals in order to ensure resilience, while the US imposes more pressure. In addition, the study also approaches the dilemma whether sanctions can ultimately generate political answers and at what costs. In this context, it is identifying several alternatives in the Iranian case, together with noting the limits of conceptual refinements in terms of sanctions’ theory.

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Jordan, Klara Tothova. "United Nations Security Council Resolution 2094 on Nuclear Nonproliferation in North Korea." International Legal Materials 52, no. 5 (October 2013): 1196–208. http://dx.doi.org/10.5305/intelegamate.52.5.1196.

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On March 7, 2013, the United Nations Security Council unanimously passed Resolution 2094 (2013), bolstering the scope of United Nations (UN) sanctions against the Democratic People’s Republic of Korea (DPRK). The Resolution represents the international community’s latest attempt at applying diplomatic and economic pressure to the DPRK so as to curb its nuclear weapons program. The resolution is also a response to the DPRK’s third nuclear test on February 12, 2013 and its subsequent threat to carry out preemptive nuclear strikes against the United States and South Korea. Acting under Chapter VII of the UN Charter, the Security Council responded to these grave violations of its existing Resolutions—seen as clear threats to international peace and security—by building upon, strengthening, and expanding the scope of the sanctions regime against the DPRK.

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Chesterman, Simon, and Béatrice Pouligny. "Are Sanctions Meant to Work? The Politics of Creating and Implementing Sanctions Through the United Nations." Global Governance: A Review of Multilateralism and International Organizations 9, no. 4 (August 3, 2003): 503–18. http://dx.doi.org/10.1163/19426720-00904008.

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DYACHKOV, Ilya Vladimirovich. "UN SANCTIONS AGAINST THE DPRK: AN ASSESSMENT OF EFFICIENCY." Tambov University Review. Series: Humanities, no. 177 (2018): 173–79. http://dx.doi.org/10.20310/1810-0201-2018-23-177-173-179.

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The last decade and a half we saw the gradual forming of a sanctions regime against the DPRK in connection with Pyongyang’s nuclear and missile programs. United Nations Security Council resolutions have disconnected North Korea from the global financial system, cut all foreign military ties with the country, introduced considerable sectoral sanctions on imports and exports, blocked major channels Pyongyang used to acquire foreign currency. Besides, the United States, South Korea and Japan have simultaneously enforced unilateral restrictions. Early 2018 offers an opportunity to solve the Korean Peninsula nuclear problem, and now is the time to assess the sanctions’ efficiency. We analyze the problems with their implementation and describe the means North Korea employs to circumvent the regime. Such measures include building an autarkic economy, ignoring the directives of the United Nations Security Council, deceiving international partners, exploiting the global market and engaging in espionage and diplomacy. These strategies allow the DPRK to support and develop the economy, as well as missile and nuclear programs. Whatever the outcome of the negotiations may be, it is already evident that sanctions cannot efficiently solve the nuclear issue and must give way to dialogue.

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Bohr, Sebastian. "Sanctions by the United Nations Security Council and the European Community." European Journal of International Law 4, no. 2 (1993): 256–68. http://dx.doi.org/10.1093/oxfordjournals.ejil.a035829.

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Joyner, Christopher C. "Collective Sanctions as Peaceful Coercion: Lessons from the United Nations Experience." Australian Year Book of International Law Online 16, no. 1 (1995): 241–70. http://dx.doi.org/10.1163/26660229-016-01-900000006.

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Priscilla Suri, Jessica. "THE UNITED NATIONS SECURITY COUNCIL RESOLUTION ON SANCTIONS TOWARDS INDIVIDUAL FROM THE PERSPECTIVE OF INTERNATIONAL LAW." Padjadjaran Journal of International Law 3, no. 2 (June 28, 2019): 202–18. http://dx.doi.org/10.23920/pjil.v3i2.316.

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AbstractThe United Nations Security Council (SC) holds the primary responsibility to maintain international peace and security as stipulated in Article 24 of the United Nations Charter (UN Charter). The emergence of international terrorism as a threat to international peace and security encourages the SC to impose sanctions in the form of assets freeze, travel ban and arms embargo towards targeted individuals through the SC Resolutions on Taliban, Al-Qaida and the Islamic State of Iraq and the Levant (ISIL). However, the implementation of UN targeted sanctions towards individuals has been violating the targeted individual’s human rights to property, rights of movement, rights to privacy, honor and reputation, and also the rights to a fair trial. This article will explain about the legitimation of the SC Resolutions in imposing sanction towards an individual, and the obligation of UN member states towards the SC resolution that imposes sanctions against its citizen. The violations of human rights stemming from the implementation of SC Resolutions on sanction towards individuals indicate that the resolutions have been adopted beyond the limits of international law. Therefore this condition makes the resolutions lost its legitimacy under international law. In accordance with Article 25 and 103 of the UN Charter, all member states have an obligation to accept, carry on and give priority to the obligation originating from the SC Resolution including to implement the sanction measures towards individuals. Nevertheless, member states must accommodate and harmonize its obligations in respecting, protecting and fulfilling all the individuals’ rights who are targeted by the SC along with its obligation to the SC Resolutions. Keywords: Human Rights, Sanction towards Individuals, United Nations Security Council.AbstrakDewan Keamanan Perserikatan Bangsa-Bangsa (DK) memiliki tanggungjawab utama untuk menjaga perdamaian dan keamanan internasional berdasarkan Pasal 24 Piagam PBB. Munculnya terorisme internasional sebagai ancaman terhadap perdamaian dan keamanan internasional mendorong DK untuk menjatuhkan sanksi berupa pembekuan aset, pelarangan perjalanan serta embargo senjata kepada individu yang ditargetkan melalui rezim Resolusi Taliban, Al-Qaida dan Islamic State of Iraq and the Levant (ISIL). Dalam penerapannya penjatuhan sanksi tersebut menimbulkan pelanggaran Hak Asasi Manusia (HAM) yaitu hak terhadap properti, hak kebebasan berpindah, hak atas privasi, kehormatan dan reputasi serta hak atas proses pengadilan yang adil. Pelanggaran HAM tersebut memunculkan tujuan dilakukannya penulisan artikel ini yaitu untuk menunjukan mengenai legitimasi resolusi DK yang menjatuhkan sanksi kepada individu, serta memaparkan mengenai kewajiban negara anggota PBB terhadap resolusi DK yang menjatuhkan sanksi kepada warga negaranya. Pelanggaran HAM yang disebabkan oleh penerapan penjatuhan sanksi terhadap individu mengindikasikan bahwa resolusi yang mendasari penjatuhan sanksi tersebut diadopsi dengan melampaui batasan-batasan penjatuhan sanksi DK dan telah kehilangan legitimasinya menurut hukum internasional. Sehingga meskipun negara memiliki kewajiban berdasarkan Pasal 25 dan 103 Piagam PBB untuk tetap menerima, melaksanakan dan mengutamakan kewajibannya berdasarkan Resolusi DK yang menjatuhkan sanksi terhadap individu, negara tetap harus mengakomodir dan mengharmonisasikan kewajibannya dalam menghormati, melindungi dan memenuhi HAM individu yang dijatuhkan sanksi saat melaksanakan kewajibannya yang berasal dari Resolusi DK. Kata Kunci: Dewan Keamanan Perserikatan Bangsa-Bangsa, Hak Asasi Manusia, Sanksi terhadap Individu

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Stenhammar, Fredrik. "United Nations Targeted Sanctions, the International Rule of Law and the European Court of Justice's Judgment in Kadi and al-Barakaat." Nordic Journal of International Law 79, no. 1 (2010): 113–40. http://dx.doi.org/10.1163/157181009x12581245929686.

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AbstractThis article analyzes the judgment of the European Court of Justice in the Kadi and al-Barakaat case from the perspective of international law and the rule of law among nations. The conclusions drawn are with regard to international law and thus not necessarily decisive for the application of domestic law and Community law to the issue of targeted United Nations (UN) sanctions. It is argued that targeted UN sanctions in the form of blacklisting and freezing of financial assets are lawful under applicable international law as a species of economic warfare. Even if, contrary to expectation, they were unlawful when first introduced, consent and active participation on part of the European states mean that they are in all likelihood precluded from protesting against them now. The European Community Court's judgment cannot affect the validity under international law of targeted UN sanctions. If it turns out that the UN sanctions can no longer be accommodated within Community law, which is an implication but by no means an immediate result of the judgment, it will be for each state to apply its national legislation and continue to implement the sanctions, disregarding Community law if necessary. This would be a serious test of the European states' professed devotion to international law.

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Tzanakopoulos, Antonios. "State Responsibility for “Targeted Sanctions”." AJIL Unbound 113 (2019): 135–39. http://dx.doi.org/10.1017/aju.2019.22.

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The United States and other actors such as the European Union impose “targeted sanctions” against foreign officials for acts carried out in their official capacity, or against legal entities of targeted states. This mirrors the practice and experience of the United Nations. The Security Council's practice of imposing comprehensive sanctions in the early 1990s quickly evolved into a practice of “targeted” or “smart” sanctions, to both improve effectiveness and to alleviate the significant effects of sanctions on the population of targeted states. However, the legal regime for resorting to sanctions is different when it comes to states acting unilaterally than it is for collective action within the framework of the UN Charter. This essay first clarifies some terminological issues. It then delves into the legality of the practice of unilateral “targeted sanctions,” and concludes that the most legally difficult aspect of these measures is their purported extraterritoriality.

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Beny, Laura Nyantung. "United Nations Security Council Resolution 2206 on Targeted Sanctions in South Sudan." International Legal Materials 54, no. 5 (October 2015): 945–54. http://dx.doi.org/10.5305/intelegamate.54.5.0945.

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In December 2013, civil conflict erupted between the Government of the Republic of South Sudan and opposition forces due to political infighting among the country’s political and military elites. On March 3, 2015, the United Nations Security Council (UNSC) adopted Resolution 2206 pursuant to its powers under Article 41 of Chapter VII of the Charter of the United Nations. Resolution 2206 provides for targeted sanctions against specific individuals and entities deemed “responsible for or complicit in, or [as] having engaged in, directly or indirectly, actions or policies that threaten the peace, security or stability of South Sudan.” The stated purpose of the targeted sanctions, which consist of a travel ban and asset freeze for designated individuals and entities, is to “support the search for an inclusive and sustainable peace in South Sudan.”

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Platon, Sébastien. "The ‘Equivalent Protection Test’: From European Union to United Nations, from Solange II to Solange I." European Constitutional Law Review 10, no. 2 (August 14, 2014): 226–62. http://dx.doi.org/10.1017/s1574019614001175.

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Human rights – European Convention on Human Rights – European Union – United Nations – Smart sanctions – Constitutional law – French law – German law – Conflicts between legal systems – Equivalent protection – Solange

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Walker, Justine. "The public policy of sanctions compliance: A need for collective and coordinated international action." International Review of the Red Cross 103, no. 916-917 (April 2021): 705–16. http://dx.doi.org/10.1017/s181638312100093x.

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AbstractThis paper sets out to explain the challenges of aligning sanctions compliance efforts with the delivery of humanitarian aid into highly sanctioned environments. It highlights that while the policy of sanctioning authorities is to encourage and permit humanitarian activity, there remain significant obstacles to achieving this objective. The paper offers insights into the key areas of complexity and the most urgent aspects requiring clarification. It expressly illustrates that striking the correct balance between the delivery of critical humanitarian responses and the application of United Nations and unilateral sanctions will necessitate some realignment. The paper concludes by highlighting the need for governments and sanctioning authorities to adopt a forward-leaning approach, and by stressing the necessity of collective and coordinated international action.

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Hovell, Devika. "Due Process in the United Nations." American Journal of International Law 110, no. 1 (January 2016): 9–48. http://dx.doi.org/10.5305/amerjintelaw.110.1.0001.

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“For hard it is for high and stately buildings long to stand except they be upholden and staid by most strong shores, and rest upon most sure foundations”—Jean Bodin, The Six Books of a Commonweale (1576)It has been said of the redemptive quality of procedural reform that it is “about nine parts myth and one part coconut oil.” Yet, as the recent history of the United Nations shows, failure to enact adequate procedural reform can have damaging consequences for an organization and its activities. In the targeted-sanctions context, litigation in over thirty national and regional courts over due process deficiencies has had a “significant impact on the regime,” placing it “at a legal crossroads.” In the peacekeeping context, the United Nations’ position that claims in the ongoing Haiti cholera controversy are “not receivable” has been described in extensive and uniformly critical press coverage as the United Nations’ “Watergate, except with far fewer consequences for the people responsible.” Complacency in the face of allegations of sexual abuse by UN blue helmets led to the unprecedented ousting of a special representative to the secretary-general in the Central African Republic. Economizing on due process standards is proving to be a false economy.

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Reisman, W. M., and D. L. Stevick. "The Applicability of International Law Standards to United Nations Economic Sanctions Programmes." European Journal of International Law 9, no. 1 (January 1, 1998): 86–141. http://dx.doi.org/10.1093/ejil/9.1.86.

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Heupel, Monika. "With power comes responsibility: Human rights protection in United Nations sanctions policy." European Journal of International Relations 19, no. 4 (February 6, 2012): 773–96. http://dx.doi.org/10.1177/1354066111426621.

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Jeong, Hyung‐Gon. "United Nations Sanctions on North Korea's Luxury Goods Imports: Impact and Implications." Asian Economic Policy Review 14, no. 2 (May 2019): 214–33. http://dx.doi.org/10.1111/aepr.12258.

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Lopez, George A. "In Defense of Smart Sanctions: A Response to Joy Gordon." Ethics & International Affairs 26, no. 1 (2012): 135–46. http://dx.doi.org/10.1017/s089267941200007x.

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In her recent article in this journal, Joy Gordon provides an astute history and critique of the evolution and application of smart sanctions within the United Nations system since the mid-1990s. Her analysis of the strengths and weaknesses of the discrete types of smart sanctions is part of a growing discussion among both academics and practitioners about the future and the utility of these measures. As always, her continued skepticism about the effectiveness and ethical dimensions of economic sanctions deserves serious consideration and evaluation. In particular, Gordon raises three central concerns: (1) smart sanctions are no more successful than traditional trade sanctions; (2) each type of targeted mechanism has serious flaws; and (3) targeted sanctions did not end the humanitarian damage or the related ethical dilemmas that are embedded into sanctions design and implementation.

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Wagner, Edith. "The Rule of Law and Its Application to the United Nations: Conference Report." Max Planck Yearbook of United Nations Law Online 18, no. 1 (2014): 249–57. http://dx.doi.org/10.1163/18757413-00180009.

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The rule of law applies to the United Nations and should guide all its activities. As promising as this key statement of the United Nations General Assembly Resolution 67/1 may sound, its meaning is not entirely clear. How is the rule of law to be defined, and what is its legal basis at the international level? What does the rule of law mean for the different activities of the United Nations with external effects such as sanctions, peacekeeping and development, what for its internal administration and justice system? The conference on the Rule of Law and Its Application to the United Nations held at the Max Planck Institute Luxembourg on 11–12 September 2014 addressed these questions inter alia and took a comprehensive look at Resolution 67/1. The conference provided both the academic perspective and the reality of practice due to the participation of various practitioners and United Nations officials.

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Koedooder, Chris, and Niki de Lang. "Anti-terrorist Blacklisting in the European Union: The Influence of National Procedures on the Judgments of the Court of First Instance of the European Communities." Legal Issues of Economic Integration 36, Issue 4 (November 1, 2009): 313–37. http://dx.doi.org/10.54648/leie2009022.

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The most prominent example of anti-terrorism measures is undoubtedly the freezing of funds of individuals or entities suspected of committing or supporting terrorist acts. The European Union (EU) implements United Nations (UN) Security Council Resolutions and maintains its own anti-terrorist blacklist. This article looks at fund-freezing decisions taken on the basis of both the UN sanctions regime and the autonomous EU sanctions regime and the resulting jurisprudence of the Community courts. Discussion of recent judgments of the Court of First Instance (CFI) in the Sison and OMPI cases, both concerning EU level sanctions, will illustrate that the underlying national procedures can have considerable influence on the Court’s judgments in this field. Central to the discussion will be the relevance of national procedures and judgments on the validity of blacklisting decisions and their review.

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AL-DAOUDI, Ayad Mahmoud. "SMART SANCTIONS AS AN ALTERNATIVE TO INTERNATIONAL ECONOMIC SANCTIONS WITHIN THE FRAMEWORK OF PUBLIC INTERNATIONAL LAW." RIMAK International Journal of Humanities and Social Sciences 04, no. 04 (July 1, 2022): 463–75. http://dx.doi.org/10.47832/2717-8293.18.30.

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Smart economic sanctions are the reaction of the international community and the United Nations to the bad results in respect of human rights brought by the traditional comprehensive international economic sanctions, and it is also a response to the bad economic results achieved by those sanctions. Smart economic sanctions are better than traditional economic sanctions with regard to moral legitimacy in terms of their respect. Also, smart economic sanctions have characteristics, the most important of which is that they do not involve in the middle stage harming innocent civilians, and they are more effective in terms of target and punishment, and they always seek to protect the weaker classes of society, such as women and children. Smart economic sanctions have types, the most important of which are financial, military, diplomatic, cultural and travel bans. Smart economic sanctions need to adhere to more criteria necessary for their success before we consider them to have outperformed traditional economic sanctions in terms of application.

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Əyyub qızı Qədirova, Leyla. "Iran’s oil and gas industry during sanctions." ANCIENT LAND 04, no. 02 (April 21, 2021): 42–45. http://dx.doi.org/10.36719/2706-6185/04/42-45.

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Followed by the victory of the Islamic Revolution in Iran the aggravated conflict between Tehran and USA has been observed. These interrelations have resulted in USA imposing sanctions on Iran. Sanctions have lasted since 1979 and have decelerated Iran's economic growth. With the accession of the United Nations, Resolution 461 was adopted, comprising economic sanctions against Iran. The sanctions principally targeted investments in oil, gas and petrochemicals, exports of refined petroleum products, and business collaborations with Iranian Revolutionary Guard companies.Afterwards, banking and insurance operations, shipping, and Internet services have become to be included, especially the Central Bank of Iran. Key words: Islamic Revolution in Iran, Central Bank of Iran, Tehran, USA, Iran

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Brubaker, Rebecca, and Sophie Huvé. "Conflict-related UN sanctions regimes and humanitarian action: A policy research overview." International Review of the Red Cross 103, no. 916-917 (April 2021): 385–402. http://dx.doi.org/10.1017/s1816383121000412.

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AbstractThis paper offers a brief overview of the potential interplay of United Nations (UN) sanctions regimes applied in contexts of armed conflict and humanitarian action. It traces how this issue has emerged within the counterterrorism (CT) sphere, before examining the possibilities of compatibility and risks for humanitarian action in conflict-related sanctions regimes. The paper lays out research gaps and outlines a new path for policy research focused on UN sanctions regimes imposed in the context of armed conflicts (“conflict-related”) yet falling outside the pure CT space. The paper concludes by illuminating why establishing further evidence on this issue is critical to both the legitimacy and the effective use of UN sanctions.

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Smith, Hazel. "The ethics of United Nations sanctions on North Korea: effectiveness, necessity and proportionality." Critical Asian Studies 52, no. 2 (April 2, 2020): 182–203. http://dx.doi.org/10.1080/14672715.2020.1757479.

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Journal articles on the topic 'United Nations sanctions'

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