Examining unilateral economic sanctions from the perspective of international law: With an emphasis on human rights instruments

Abstract

Following the ban on the principle of non-use of force, governments turned their attention to sanctions (economic coercive measures) as the main means of achieving their foreign policy goals. The desirability of countries using unilateral sanctions now stems from the idea that; it is the middle ground between diplomacy and the use of force and is also a simple and peaceful tool to change the behavior of governments. Recent developments in international law and relations reinforce this argument about the reasons for unilateral sanctions. Illegal extraterritorial sanctions against third countries have also sparked further controversy as well as an international outrage. This article examines unilateral sanctions in contemporary international law, which concludes as follows: (1) Unilateral sanctions are a violation of contractual, customary international law, as well as a violation of the rule of international law; (2) Although in some cases the doctrine of international law in retaliation is invoked to legitimize unilateral sanctions, these sanctions cannot be considered reciprocity according to the theory of international responsibility of the government. Therefore, it must be argued that; unilateral sanctions are completely contrary to international law.