International sanctions

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International sanctions are political and economic decisions that are part of diplomatic efforts by countries, multilateral or regional organizations against states or organizations either to protect national security interests, or to protect international law, and defend against threats to international peace and security. [1] [2] [3] [4] These decisions principally include the temporary imposition on a target of economic, trade, diplomatic, cultural or other restrictions (sanctions measures) that are lifted when the motivating security concerns no longer apply, or when no new threats have arisen.

United Nations Security Council one of the six principal organs of the UN, charged with the maintenance of international peace and security

The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN), charged with ensuring international peace and security, accepting new members to the United Nations and approving any changes to its charter. Its powers include the establishment of peacekeeping operations and international sanctions as well as the authorization of military actions through resolutions – it is the only body of the United Nations with the authority to issue binding resolutions to member states. The council held its first session on 17 January 1946.

Regional organization international organizations that act within a specific region

Regional organizations (ROs) are, in a sense, international organizations (IOs), as they incorporate international membership and encompass geopolitical entities that operationally transcend a single nation state. However, their membership is characterized by boundaries and demarcations characteristic to a defined and unique geography, such as continents, or geopolitics, such as economic blocs. They have been established to foster cooperation and political and economic integration or dialogue among states or entities within a restrictive geographical or geopolitical boundary. They both reflect common patterns of development and history that have been fostered since the end of World War II as well as the fragmentation inherent in globalization, which is why their institutional characteristics vary from loose cooperation to formal regional integration. Most ROs tend to work alongside well-established multilateral organizations such as the United Nations. While in many instances a regional organization is simply referred to as an international organization, in many others it makes sense to use the term regional organization to stress the more limited scope of a particular membership.

Contents

According to the Charter of the United Nations, only the UN Security Council has a mandate by the international community to apply sanctions (Article 41) that must be complied with by all UN member states (Article 2,2). They serve as the international community's most powerful peaceful means to prevent threats to international peace and security or to settle them. Sanctions do not include the use of military force. However, if sanctions do not lead to the diplomatic settlement of a conflict, the use of force can be authorized by the Security Council separately under Article 42.

UN sanctions should not be confused with unilateral sanctions that are imposed by individual countries in furtherance of their strategic interests [5] . Typically intended as strong economic coercion, measures applied under unilateral sanctions can range between coercive diplomatic efforts, economic warfare, or as preludes to war.

There are several types of sanctions.

Economic sanctions Financial penalties applied by nations to persons, nations or companies to affect political change

Economic sanctions are commercial and financial penalties applied by one or more countries against a targeted self-governing state, group, or individual. Economic sanctions may include various forms of trade barriers, tariffs, and restrictions on financial transactions. An embargo is similar, but usually implies a more severe sanction. Economic sanctions generally aim to change the behavior of elites in the target country. However, the efficacy of sanctions is debatable and sanctions can have unintended consequences. Economic sanctions are not necessarily imposed because of economic circumstances—they may also be imposed for a variety of political, military, and social issues. Economic sanctions can be used for achieving domestic and international purposes.

Trade Exchange of goods and services.

Trade involves the transfer of goods or services from one person or entity to another, often in exchange for money. A system or network that allows trade is called a market.

Food any substance consumed to provide nutritional support for the body; form of energy stored in chemical form

Food is any substance consumed to provide nutritional support for an organism. It is usually of plant or animal origin, and contains essential nutrients, such as carbohydrates, fats, proteins, vitamins, or minerals. The substance is ingested by an organism and assimilated by the organism's cells to provide energy, maintain life, or stimulate growth.

Economic sanctions are distinguished from trade sanctions, which are applied for purely economic reasons, and typically take the form of tariffs or similar measures, rather than bans on trade.

A tariff is a tax on imports or exports between sovereign states. It is a form of regulation of foreign trade. It is a policy that taxes foreign products to encourage or protect domestic industry. The tariff is historically used to protect infant industries and to allow import substitution industrialization.

Types

Reasons for sanctioning

Sanctions formulations are designed into three categories. The categories are used to differentiate between the political contexts due to the global nature of the act.

First category involves such sanctions that are designed to force cooperation with international law. [7] This can be seen in the sanctions placed on Iraq in Resolution No. 661 on August 6, 1990, after the initial invasion of neighboring Kuwait. The United Nations placed an embargo on the nation in an attempt to prevent armed conflict. Resolution 665 and Resolution 670 were further added creating both naval and air blockade on Iraq. [8] The purpose of the initial sanctions was to coerce Iraq into following international law, which included the recognized sovereignty of Kuwait.

International law regulations governing international relations

International law is the set of rules generally regarded and accepted in relations between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is primarily applicable to countries rather than to individual citizens. National law may become international law when treaties permit national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform to respective parts. National laws or constitutions may also provide for the implementation or integration of international legal obligations.

Iraq Republic in Western Asia

Iraq, officially the Republic of Iraq, is a country in Western Asia, bordered by Turkey to the north, Iran to the east, Kuwait to the southeast, Saudi Arabia to the south, Jordan to the southwest and Syria to the west. The capital, and largest city, is Baghdad. Iraq is home to diverse ethnic groups including Arabs, Kurds, Assyrians, Turkmen, Shabakis, Yazidis, Armenians, Mandeans, Circassians and Kawliya. Around 95% of the country's 37 million citizens are Muslims, with Christianity, Yarsan, Yezidism and Mandeanism also present. The official languages of Iraq are Arabic and Kurdish.

The second category of design is those sanctions with the purpose to contain a threat to peace within a geographical boundary. [9] The 2010 Iran nuclear proliferation debate is a contemporary example. The current United Nations Security Council passed on June 9, Resolution 1929 providing restrictions on missile and weaponry materials that could be used for the creation of destructive weapons. [10] This principle of restriction is to contain the possibility of Iranian aggression within the neighboring region.

The third category involves the United Nations Security Councils condemnation of actions of a specific action or policy of a member/non-member nation. [11] The white minority declared a declaration of Rhodesian Independence on November 11, 1965. [12] The General assemble and United Nations in a 107 to 2 vote took to condemning Rhodesia on all military, economic, as well as oil and petroleum products. [13] The international display of disapproval forced sanctions onto the Rhodesian people, but without a clear goal as to a remedy for the economic sanctions.

The three categories are a blanket explanation on the reasons sanctions are applied to nations, but it does not go as far as to say that voting members share the same political reasons for imposing them. It is often the case for many nations to be driven by self-interests in one or more categories when voting on whether or not to implement sanctions.

Diplomatic sanctions

Diplomatic sanctions are political measures taken to express disapproval or displeasure at a certain action through diplomatic and political means, rather than affecting economic or military relations. Measures include limitations or cancellations of high-level government visits or expelling or withdrawing diplomatic missions or staff.

Economic sanctions

Economic sanctions can vary from imposing import duties on goods to, or blocking the export of certain goods from the target country, to a full naval blockade of the target's ports in an effort to verify, and curb or block specified imported goods.

Well known examples of economic sanctions include:

Since 1993 many countries have imposed trade sanctions on Burma (Myanmar).

The case of South Africa gives rise to the typical example used for arguing for the effectiveness of sanctions, though that alleged effectiveness remains a matter of debate.[ citation needed ]

In 2001/2002 the United States imposed economic sanctions against the state of Zimbabwe, through the Zimbabwe Democracy and Economic Recovery Act of 2001 or ZDERA, S. 494, vetoing or voting against access to financing, debt relief and rescheduling, and forcing the Zimbabwean government to operate on a cash-only basis.

Military sanctions

Similarly military sanctions can range from carefully targeted military strikes to degrade a nation's conventional or non-conventional capabilities, to the less aggressive form of an arms embargo to cut off supplies of arms or dual-use items.

Sport sanctions

Sport sanctions are used as a way of psychological warfare, intended to crush the morale of the general population of the target country. The only instance where sports sanctions were used were the international sanctions against Federal Republic of Yugoslavia, 1992–1995, enacted by UN Security Council by resolution 757. The Gleneagles Agreement approved by the Commonwealth of Nations in 1977, committed member nations to discourage contact and competition between their sportsmen and sporting organisations, teams or individuals from South Africa. However, it was not binding and unable to stop events such as the 1980 British Lions tour to South Africa or the 1981 South Africa rugby union tour of New Zealand.

Sanctions on individuals

The United Nations Security Council can implement sanctions on political leaders or economic individuals. These persons usually find ways of evading their sanction because of political connections within their nation. [15]

Sanctions on Environment

The sanctions on environment include both economic and political issues such as trade since these are all interdependent. The trade barriers and restrictions on trade are the key factors since they are engaged with the problems of endangered species, ozone-depleting chemicals and environmental laws. Although the sanctions and laws regarding the environment are relatively new, recent concerns over the environmental issues encouraged individuals and governments to actively cooperate in dealing the problems.

Sanctions in international law

Entities favorable to the target of another government's sanctions may claim that sanctions imposed by single countries or by an intergovernmental body like the United Nations are "illegal" or "criminal" due to, in the case of economic sanctions, the right to development or, in the case of military sanctions, the Right of self-defense.

A 1996 report by International Progress Organization criticized sanctions as "an illegitimate form of collective punishment of the weakest and poorest members of society, the infants, the children, the chronically ill, and the elderly". [16]

Support for use

Sanctions have long been the subject of controversy as scholars question their effects on citizens, the level of ethnocentrism involved when designing and implementing sanctions, and the possibility of ineffectiveness.

Supporters of sanctions argue that regardless of sanctions' effects on a group of people, those citizens were most likely already being oppressed by their government. Supporters also argue that sanctions are the best alternative international tool, as opposed to taking no action, and that in the absence of sanctions, oppressive regimes have no incentive to reform.

On the side of opposition, it is asserted that sanctions are a way to promote American values and diminish the culture of a state. In a counterargument, support is argued on the basis that something must be done and democratic peace theory is cited, as sound reasoning for any possible traces of cultural insensitivity. It is also noted that the US has little to lose, in regards to public perception, as many around the world already have a distaste for American policies and actions.

In regards to the effectiveness of the outcomes of sanction implementation, supporters concede that multilateral sanctions have been found to work 33% of the time. [17] However, it is argued that while sanctions are not a hundred percent effective, it is not the case that they are never effective.

Dissolution of sanctions... There are several ways to remove and dissolve sanctions that have been implemented on a nation(s). In some cases such as those implemented on Iraq in 1990, only a reverse resolution can be used to remove the sanctions. [18] This is done when no provision is put in the resolution for the removal of sanctions. This is generally only done if the sanctioned party has shown willingness to adopt certain conditions of the Security Council. [19] Another way sanctions can be removed is when time limits are implemented with the initial sanction. After an extended duration the sanction will eventually be lifted off the nation despite cooperation. Additional sanctions may be placed however if the Security Council deems it necessary. The practice of time limitations has grown over the years and allows for gradual removal of restrictions on nations conforming to at least partial conditions imposed by the Security Council .

See also

Related Research Articles

United States embargoes

As of 2014 the federal government of the United States imposes several embargoes and economic sanctions against different countries and activities, the most notable of them aimed against countries which the U.S. government has declared "State Sponsors of Terrorism".

Sanctions against Iraq Wikimedia list article

The sanctions against Iraq were a near-total financial and trade embargo imposed by the United Nations Security Council on Ba'athist Iraq. They began August 6, 1990, four days after Iraq's invasion of Kuwait, stayed largely in force until May 22, 2003, and persisted in part, including reparations to Kuwait, through the present. The original stated purposes of the sanctions were to compel Iraq to withdraw from Kuwait, to pay reparations, and to disclose and eliminate any weapons of mass destruction.

An arms embargo is an embargo that applies solely to weaponry, and may also apply to "dual-use technology". An arms embargo may serve one or more purposes:

United Nations Security Council Resolution 665 United Nations Security Council resolution

United Nations Security Council resolution 665, adopted on 25 August 1990, after demanding the full and immediate implementation of resolutions 660, 661, 662 and 664, the Council authorised a naval blockade to enforce the embargo against Iraq, in the aftermath of its invasion of Kuwait on 2 August 1990.

The first sanctions against Iran were those imposed by the United States in November 1979 after a group of radical students seized the American Embassy in Tehran and took hostage the people inside. The sanctions by Executive Order 12170 included freezing about $12 billion in Iranian assets, including bank deposits, gold and other properties, and a trade embargo. These sanctions were lifted as part of the Algiers Accords which was a negotiated settlement of the hostages’ release.

United Nations Security Council Resolution 700 United Nations Security Council resolution

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United Nations Security Council Resolution 917 United Nations Security Council resolution

United Nations Security Council resolution 917, adopted unanimously on 6 May 1994, after recalling resolutions 841 (1993), 861 (1993), 862 (1993), 867 (1993), 873 (1993) and 875 (1993) and 905 (1994) on the situation in Haiti, the Council imposed further international sanctions on the country after the military authorities refused to implement the Governors Island Agreement to hand over power and instances of violations of human rights.

United Nations Security Council Resolution 1132 United Nations Security Council resolution

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United Nations Security Council Resolution 1160 United Nations Security Council resolution

United Nations Security Council resolution 1160, adopted on 31 March 1998, after noting the situation in Kosovo, the Council, acting under Chapter VII of the United Nations Charter, imposed an arms embargo and economic sanctions on the Federal Republic of Yugoslavia, hoping to end the use of excessive force by the government.

United Nations Security Council Resolution 1333 United Nations Security Council resolution

United Nations Security Council resolution 1333, adopted on 19 December 2000, after recalling all resolutions on the situation in Afghanistan, including Resolution 1267 (1999), called for a ban of military assistance to the Taliban, closure of its camps and an end to the provision of sanctuary of the movement.

United Nations Security Council Resolution 1946 United Nations Security Council resolution

United Nations Security Council Resolution 1946, adopted unanimously on October 15, 2010, after recalling previous resolutions on the situation in Côte d'Ivoire, including resolutions 1880 (2009), 1893 (2009), 1911 (2010) and 1933 (2010), the Council extended sanctions against the country, including an arms embargo and ban on the trading of diamonds, for a further six months.

United Nations Security Council Resolution 1572 United Nations Security Council resolution

United Nations Security Council resolution 1572, adopted unanimously on 15 November 2004, after recalling Resolution 1528 (2004) on the situation in Côte d'Ivoire, the Council imposed an arms embargo on the country following recent violence and threatened further sanctions if Ivorian parties did not comply with their political commitments.

United Nations Security Council Resolution 1980 United Nations Security Council resolution

United Nations Security Council Resolution 1980, adopted unanimously on April 28, 2011, after recalling previous resolutions on the situation in Côte d'Ivoire, including resolutions 1880 (2009), 1893 (2009), 1911 (2010), 1933 (2010), 1946 (2010), 1962 (2010) and 1975 (2011), the Council extended an arms embargo, ban on the trade of diamonds and targeted financial and travel sanctions on Ivorian officials until April 30, 2012.

United Nations Security Council Resolution 1689 United Nations Security Council resolution

United Nations Security Council Resolution 1689, adopted unanimously on June 20, 2006, after recalling all previous resolutions on the situation in Liberia and West Africa, the Council decided to continue sanctions against the import of diamonds from the country for six months, though similar restrictions relating to timber imports were lifted.

United Nations Security Council Resolution 1698 United Nations Security Council resolution

United Nations Security Council Resolution 1698, adopted unanimously on July 31, 2006, after recalling all previous resolutions concerning the situation in the Democratic Republic of the Congo, including resolutions 1493 (2003), 1533 (2004), 1552 (2004), 1565 (2004), 1592 (2005), 1596 (2005), 1616 (2005), 1649 (2005) and 1654 (2006), the Council renewed sanctions against the country until July 31, 2007.

United Nations Security Council Resolution 1727 United Nations Security Council resolution

United Nations Security Council Resolution 1727, adopted unanimously on December 15, 2006, after recalling previous resolutions on the situation in Côte d'Ivoire, the Council renewed an arms and diamond embargo on the country until October 31, 2007.

Arab League boycott of Israel

The Arab League boycott of Israel is a strategy adopted by the Arab League and its member states to boycott economic and other relations between Arabs and the Arab states and Israel and specifically stopping all trade with Israel which adds to that country's economic and military strength. A secondary boycott was later imposed, to boycott non-Israeli companies that do business with Israel, and later a tertiary boycott involved the blacklisting of firms that that do business with other companies that do business with Israel.

The term weaponization of finance refers to the foreign policy strategy of using incentives and penalties as tools of coercive diplomacy.

Sanctions against Afghanistan

UN sanctions against the Taliban-controlled government of Afghanistan were enforced in November 1999. The sanctions were aimed at terrorists, Osama Bin Laden and members of Al-Qaida.

References

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  2. 1946-, Cortright, David, (2000). The sanctions decade : assessing UN strategies in the 1990s. Lopez, George A. Boulder, Colo.: Lynne Rienner Publishers. p. 1. ISBN   1555878911. OCLC   43115210.
  3. "Sanctions policy - EEAS - European External Action Service - European Commission". EEAS - European External Action Service. Retrieved 2018-04-22.
  4. "Assembly of the African Union Fourteenth Ordinary Session | African Union". au.int. Retrieved 2018-04-22.
  5. Enrico,, Carisch, (2017). The evolution of UN sanctions : from a tool of warfare to a tool of peace, security and human rights. Rickard-Martin, Loraine,, Meister, Shawna R.,. Cham, Switzerland: Springer. pp. 454 ff. ISBN   9783319600048. OCLC   1008962905.
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  12. McDougal, M. & Reismen, M. (1968). "Rhodesia and the United Nations: The Lawfulness of International Concern". The American Journal of International Law, 62(1), 1–19.
  13. McDougal, M. & Reismen, M. (1968). Rhodesia and the United Nations: The Lawfulness of International Concern. The American Journal of International Law, 62(1), 1-19.
  14. Nester, William R. (2010). Globalization, Wealth, and Power in the Twenty-first Century. Palgrave Macmillan. ISBN   9780230313361 . Retrieved 2014-10-30. [...] like many economic sanctions, the Continental System hurt its perpetrators as bad and perhaps worse than its target.
  15. Chesterman, S., & Pouligny, B. (2003). Are Sanctions Meant to Work? The Politics of Creating and Implementing Sanctions Through the United Nations. Global Governance, 9(4), 503-518.
  16. "Appeal against sanctions: Commission on Human Rights: Sub-Commission on Prevention of Discrimination and Protection of Minorities, Forty-eighth session (5–30 August 1996). Agenda item 13: International peace and security as an essential condition for the enjoyment of human rights, above all the right to life". 15 August 1996.
  17. Ang, Adrian; Peksen, Dursun (March 2007). "When Do Economic Sanctions Work?". Political Research Quarterly. 60: 135–45. doi:10.1177/1065912906298632.
  18. Lopez, G. A., & Cortright, D. (2004). "Containing Iraq: Sanctions Worked". Foreign Affairs, 83(4), 90–103. Retrieved from EBSCOhost.
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Further reading