Природа и цели экономических санкций

The purpose of the article is to analyze the theory and practice of international economic sanctions. The application of international economic sanctions and debate about their effectiveness and scale of losses are now at the centre of international politics. Analysis of key factors, mechanisms and socio-economic consequences of economic sanctions in the world economy need a conceptual understanding. The subject of the research is international economic sanctions. According to known practice, economic sanctions policy is based largely on the discretionary approach of using, as required, a policy of rigid rules, which is clearly reflected in the mechanisms, means and instruments of its practical implementation. Economic sanctions are the integral part of international economic policy, implemented through the theory of public (rational) choice, structural theory (cost-issue model), decision-making theory, the theory of coordination and cooperative games, etc. The hierarchical nature of the mechanism for the application of sanctions is available in three main levels: global, regional and national. There are three types of economic sanctions: trade, investment or financial ones, and so-called targeted sanctions or “smart” sanctions (transportation and communications restrictions). The case of introduction of economic sanctions, especially by supranational bodies of international integration organisations, namely the EU, is of particular importance for economic policy coordination. The specific consequences of imposing economic sanctions take on various socio-economic dimensions, the main ones of them indeed being the economic growth rates. The economic sanctions demonstrate how the individual countries, regional and international organizations react on huge violations of human rights, sovereignty of countries, international law in general. Methodological basis of the research comprise the list of theoretical and empirical methods of research; in article, the analysis of recent research publications subject under the discussion has been provided, the results obtaining with statistical data have been compared, the practical recommendations, received on the base of survey results have been suggested. To examine how the Iranian economy responds to sanctions imposed by the US and other countries we have constructed vector autoregression model. To test the variables of the model for unit root we have used augmented Dickey-Fuller, Phillips-Perron and Kwiatkowski–Phillips–Schmidt–Shin criteria, which have shown that almost half of the indicators are first-order integrated, with the rate of inflation and investment, in relation to GDP, GDP growth rate, imports of goods and services and oil rent are stationary, that is zero-order integrated. The US sanctions have increased oil price fluctuations in the Middle East region. The results of the study have shown that economic sanctions nowadays are a comprehensive tool in global economic wars, which effectiveness largely depends on the ratio of the economic power of the sanction imposing country to the sanctioned one.

Modern international economic sanctions (unilateral restrictive measures) are a unique phenomenon and a vivid example demonstrating how the operation of the norms of private international law can affect the achievement of foreign policy goals. Being a public legal category in its essence, international economic sanctions have a significant impact on private law relations, including relations with a foreign element. Civil law and other relations complicated by a foreign element are subject to the influence of sanctions adopted by the competent authorities of foreign states: contractual, corporate relations, as well as relations within the framework of arbitration, enforcement of foreign court decisions and others. In this regard, private (civil) international law functions as a filter that translates economic sanctions of public law origin into the sphere of private law. Its main task is to choose the applicable law, and conflict of laws rules decide whether a specific international economic sanction applies to contractual relations between the parties or not. The author applies both philosophical and general scientific methods of cognition (analysis and synthesis, induction and deduction, critical and dialectical methods) and methods specific directly to legal science (structural-logical, formal-legal, comparative-legal).The scientific novelty of the research lies in the comprehensive study of international economic sanctions in the context of private and public law. It is precisely private international law that can help to smooth out differences in national judicial practice in cases related to international economic sanctions. The article deals mainly with EU sanctions in the context of private international law, and also provides recommendations for improving and unifying EU sanctions regulation in the context of civil international law. The European sanctions regulation, being one of the most ancient, has a significant amount of judicial practice in the field of application and recognition of sanctions of a foreign state. The study of international sanctions in the context of private law relations can play a significant role in the development of the doctrine of private international law and law enforcement practice.

This work analyses international economic sanctions from the point of view of the interaction between international law and the domestic legal systems of the States concerned. In doing so, it may prove useful to resort to the private international law tools. International economic sanctions, when observed through the lens of a municipal legal system in which they claim implementation, take the form of measures interfering in the regulation of private economic intercourse. To better understand how such measures are to be dealt with, the present work sorts out some of these measures by the form they take in their implementation at the municipal level. They can take the form of prohibitive measures directly affecting commercial transactions, seizures, measures consisting in the deprivation of rights or status, the non-recognition of juridical situations as created by non-domestic decisions. The author stresses moreover that the furtherance of the respect of existing legal rules can also be carried out by positive sanctions and measures: inducements that prove sometimes to be far more effective, as they determine the harmonization of municipal law with the international standards and rules whose respect is at stake. To understand how measures of economic sanction become effective, it is important to face the question of their application as raised before a judge vested with the authority of settling a dispute at the municipal level. In dealing with this issue, the work follows in principle European private international law, as shaped by the Rome Convention of 1980 on the law applicable to contractual obligations. Firstly, the author deals with cases where sanctions are incorporated into the judge’s State legal system. For such cases, he analyses the three alternative situations: the least problematic one is that of the lex fori governing the relationship as a whole. Where lex causae is a foreign law which incorporates international sanctions, the authors thesis is that the lex fori should not prevail on it automatically: a functional comparison of the measures should be carried out, and only in case of violation of the core objectives of the lex fori sanctioning approach should the ordre public limit operate. If however the lex causae does not contain provisions enacting the sanctions that the lex fori wants to be applied, the latter’s provisions will be considered as internationally mandatory. The author then deals with the case in which the law of the forum does not incorporate any sanc- tions against the violator State, but the foreign law which is to be applied under the conflict-of-laws rules of the forum does. In such cases, the sanctioning provisions of the lex causae will normally apply, except in cases where ordre public considerations require a different outcome. The possible adoption of so called blocking regulations will be a straight forward case of such a contrast. Soft law recommending a given sanctioning attitude, on the other end, will significantly reduce the possibility of a judge considering foreign law incorporating sanctions to be contrary to the forum’s public policy. The work then deals with the case of sanctions not incorporated in the lex fori or in the lex causae, but in the law of a third State, and considers the role former art. 7.1 of the Rome Convention, or equivalent approaches, could play: in this framework, an extensive analysis of the relevant case law is carried out. A similar analytical approach is followed when dealing with the recognition of foreign judicial decisions, and their relationship with international economic sanctions. The work then deals with the interplay between international economic sanctions and transnational commercial arbitration, in terms of arbitrability issues, of recognition and enforcement, as well as the setting aside of arbitral awards. Then, the question of the application of international economic sanctions by arbitrators is considered, in the light of the absence of a forum state in strict legal terms. Further, the author assesses the role of internal judges in evaluating the lawfulness of the adopted sanctions, at the international level, and suggests that a non negligible role could be played by judges. Among other things, national judges should take into considerations limitations arising from jus cogens, and in particular a so-called humanitarian exception to a full scale embargo. The last part of the work is devoted to a tentative dogmatic assessment of so-called positive sanctions and measures. Their role in shaping the public policy exceptions, for conflict of law purposes, is finally outlined.

After the COVID-19 pandemic occurred some time ago, which paralyzed all aspects of life in the world, not long after, in 2022, an armed conflict occurred involving Russia and Ukraine, which continues to this day. In line with the armed conflicts that have emerged recently, various international economic sanctions targeting warring countries have begun to be imposed. Ironically, instead of weakening the sanctioned country’s defense, the embargo imposed by a sanctioned country on a particular country turns out to have a harsh impact on all aspects of the lives of its civilians, both the sanctioned country and the sanctioning country in several cases. The imposition of various international sanctions is one of the causes. Reflecting on this, the author will analyze more deeply what is the concept of international economic sanctions. Secondly, does the imposition of international economic sanctions fulfill the basic concept of implementing economic sanctions today? The method used in this paper is qualitative research with normative juridical methods. From the discussions, It can be concluded that economic sanctions are the withdrawal of trade habits and financial relations for foreign and security policy. Sanctions can be comprehensive, prohibiting commercial activity against entire countries. However, there is uncertainty regarding the length of economic sanctions imposed on a country, which causes prolonged suffering for the people of a country. Apart from that, the dominance of countries that have significant political and economic power has led to the emergence of abuse of the imposition of economic sanctions themselves. The article recommends that countries should compose the development of international legal rules originating from international agreements that focus on three main things: management processes, and results that lead to sustainable benefits based on the principle of equality in creating agreements between countries.

The relevance of studying sanctions policy is linked to the need for a better understanding of its nature, objectives, and consequences, which is particularly important in today's global economy characterized by a high level of international economic interaction. This article aims to demonstrate how the target function and content of sanctions evolve as the world economy develops. Additionally, it examines the functional role sanctions can play in the current context of economic globalization. The theoretical foundation for this study is based on the research conducted by domestic and international scholars on this topic, as well as the empirical data collected by the international community. The methodological basis of this study is the historical and genetic analysis method, which allows us to identify the properties and trace their evolution in the development of a phenomenon. Additionally, the typological method was used to order and classify different types of sanctions and their consequences. Based on this analysis, the author concludes that globalization has led to a modification of sanctions policies. While sanctions continue to be a means to undermine economic potential, they are also becoming a way to minimize the costs of maintaining the current political and economic order for the benefit of international trade. However, it is clear that sanctions harm all participants in the sanctions process. The effectiveness of sanctions depends on the type and target group within the country. The author argues that although sanctions are a peaceful way to prevent behavior that violates international relations, they should be used selectively.

Background:Political violence has not been examined as a risk factor for traumatic injuries from road traffic crashes.Objective:To identify trends in road traffic crashes related to war-related military activity and international...

International economic sanctions have become an important and powerful instrument of foreign policy used by states and international organizations to regulate the behavior of countries or other subjects of international law. They can influence the political, economic and social activities of target states, contributing to the achievement of various political goals, such as changing political behavior, ensuring compliance with international standards, fighting terrorism, supporting human rights, protecting the environment and strengthening national security. In today’s world, sanctions are often used not only to punish violations of international law, but also to address specific political or economic issues, such as ensuring global stability or stopping aggressive actions in the international arena. The use of economic sanctions can be very diverse. The most common are trade sanctions, which are usually applied as a first step in response to violations of international law. They can restrict or prohibit the import and export of goods and services, covering certain categories of goods of strategic or military importance. One of the most effective tools is financial sanctions, which include asset freezes, restrictions on investments, loans, and a ban on access to international financial markets. This type of sanction can seriously weaken the target country’s economy, leading to significant economic difficulties such as inflation, a shortage of foreign exchange reserves, and rising unemployment. Economic sanctions can be imposed both at the national level and through international organizations such as the UN or the EU. The UN, through the Security Council, has the authority to impose sanctions against states that threaten international peace and security, which gives sanctions international legitimacy. The European Union also actively uses sanctions to support global security and human rights, and often takes measures to economically isolate aggressor states or violators of international law. However, the application of sanctions has its own complexities and challenges. The effectiveness of economic sanctions depends on clearly defined targets, the scope of their implementation, international coordination, and the ability to prevent sanctions circumvention. In addition, sanctions can lead to significant humanitarian consequences, in particular for the civilian population of the targeted country, which makes it important to carefully consider their application. Thus, international economic sanctions are a complex and multifaceted tool that allows states and international organizations to exert pressure on countries or other subjects of international law, forcing them to change their policies or behavior. However, their effectiveness and appropriateness should be assessed with due regard to possible social, economic and humanitarian consequences for the civilian population.

Economic sanctions are emerging as one of the major tools of international governance in the post-Cold War era. Sanctions have long been seen as a form of political intervention that does not cause serious human damage, and therefore does not raise pressing ethical questions. However, the nature of sanctions is that they effectively target the most vulnerable and least political sectors of society, and for this reason they must be subject to ethical scrutiny.This essay looks at sanctions in the context of three ethical frameworks: just war doctrine, deontological ethics, and utilitarianism. It argues that sanctions are inconsistent with the principle of discrimination from just war doctrine; that sanctions reduce individuals to nothing more than means to an end by using the suffering of innocents as a means of persuasion, thereby violating the Kantian principle that human beings are “ends in themselves”; and that sanctions are unacceptable from a utilitarian perspective because their economic effectiveness necessarily entails considerable human damage, while their likelihood of achieving political objectives is low.

Most studies of economic sanctions have concluded that they are ineffective as instruments of foreign policy. In a previous effort, we applied the spatial model of bargaining to the question of sanctions effectiveness to identify the‐conditions under which sanctions can be expected to “work.” In this paper, we refine that analysis by examining the impact of domestic politics in the state that is the target of the sanctions. Sanction episodes may be examples of two‐level games in which the domestic game within both parties affects the international game and vice‐versa. Here, we take a first cut of applying this approach to the analysis of sanctions effectiveness. We extend the spatial model to focus on how sanctions affect the internal political bargaining within the target state. From this, we determine how state policy should change (or not) as a result of the sanctions. We use the basic model to identify general hypotheses regarding the nature of sanctions and their effectiveness and we evaluate some of these hypotheses using cases in which the United States imposed sanctions on Latin American countries for human rights violations.

Background. The full-scale military aggression of the russian federation against Ukraine has caused significant human, material, and economic losses to Ukraine. Therefore, defeating the aggressor is a task not only for Ukraine but also for the entire world community. In this regard, international economic sanctions should exert pressure and limit russia's financial capabilities to incentivize it to stop a full-scale war. The object of research is international economic relations in the context of financial sanctions, the subject of research is the effectiveness of international financial sanctions against russia. Methods. Generalization, analysis, and synthesis – to formulate the author's definition of the category "international financial sanctions", deduction and induction, abstraction, and concretization – when selecting indicators and their application to characterize the state of development of the financial system of the russian federation, statistical method – to analyze the selected indicators, integration – to develop the author's indicator for assessing the state of the Russian financial market, data extrapolation – to identify trends and forecast changes in the analyzed indicators; methods of economics Results. The author's interpretation of the category "international financial sanctions" is given as restrictive measures for the movement of capital imposed by the government of a particular country (or countries) or an authorized international organization against legal entities and individuals, organized groups of persons of another state to force it to change its current policy or cease certain actions to achieve the goals set by the sanctioners. Quantified and expert assessment of the effectiveness of international sanctions on the financial market of the russian federation was carried out. For the quantified assessment of the effectiveness of anti-russian financial sanctions the author's composite indicator of the state of the financial system of the russian federation, calculated on the basis of such parameters as the assessment by economic entities of the business climate, access to credit, investment activity, the sufficiency of international currency reserves and the number of banking operations. Conclusions. Based on the quantitative and expert assessment, the author reveals the ineffectiveness of certain sanctions and suggests ways to strengthen the impact of the negative sanctions on russia to stop the full-scale aggression against Ukraine, in particular, confiscation of frozen international reserves of the russian federation in favor of Ukraine and payment of reparations; a ban on international transfers via SWIFT for all russian banks; expansion of restrictions for russian companies on international financial transactions and portfolio investment; taxation of dividends received from russian companies and restrictions on the payment of dividends to russian investors; increased pressure on the remaining foreign companies and banks to leave the russian market as soon as possible; companies from developed countries to include information on cooperation with russia in their financial statements; application of stricter secondary sanctions.

The aim of this study was to elaborate a conceptual approach to the development of financial technologies under the impact of restrictions imposed by international economic sanctions. The development of this sector was analyzed based on empirical studies of available information on the state of the FinTech sector in 28 countries that are impacted by international economic sanctions, using the Global Sanctions Database presented by OFAC (Office of Foreign Assets Control). The research involved comprehensive research methods: situational analysis, system analysis, reproductive analysis, structural and functional analysis. The results of the study confirmed the main hypothesis: international economic sanctions do not block the development of financial technologies, as FinTech can ensure the development of the financial sphere of sanctioned countries because of its flexibility and mobility. The calculations proved that depending on the way of combining the internal perception of external restrictions imposed by the sanctions, which is unique for each country, international economic sanctions are a stimulator for some countries (China, Ukraine, Iran), while being a significant development blocker (r=0.896) for others (with a financial technology performance less than 1). This study will be useful not only to scholars who deal with the theoretical and methodological framework of the development of the financial sector of countries subject to sanctions.

The purpose of this article is to conduct a comparative analysis of the approaches established in Russian and foreign doctrine to the definition of the term “sanctions” (in the context of “international economic sanctions”). The author examines the content of the term “sanctions”, including through their typology, and also offers his own typology of international economic sanctions based on modern sanctions regulation. The relevance of the article is investigated due to the need to form unified doctrinal approaches to the definition of international economic sanctions. At the same time, the correct application of the category under consideration is of great scientific and practical importance. For a long time, the doctrine was dominated by the approach that sanctions should be understood exclusively as sanctions of the UN Security Council. This approach is still seen as correct from the standpoint of the conceptual and categorical apparatus of international law, but at the same time, it is outdated, not reflecting modern international economic sanctions. In the course of the research, the author comes to the conclusion that through the prism of modern practice of applying unilateral sanctions in scientific research, the term “sanctions” is used synonymously with the term “unilateral restrictive measures”. The article suggests a hypothesis about the possibility of moving away from the strictly formal approach of defining international sanctions exclusively as collective coercive measures. Of particular interest is the typology of sanctions proposed in the framework of the article as reflecting modern sanctions realities.

When the Rhodesian Front Party under Prime Minister lan Smith declared unilateral independence (UDI) from Britain on November 11 1965, the international community responded by imposing economic sanctions against the rebel regime. At the time, the British prime minister, Harold Wilson was convinced that given the smallness and the fragility of the Rhodesian economy, international economic sanctions would quickly bring Rhodesia to its knees. Sanctions did not succeed, in the short run, in bringing the Rhodesian economy to its knees, however, partly because South Africa and Portugal refused to participate in sanctions and helped Rhodesia circumvent sanctions. This study examines South Africa's economic support for Rhodesia in the early years of Rhodesia's unilateral declaration of independence. It argues that South Africans defied international opinion over the Rhodesian question partly because of the widespread sympathy for their kith and kin across the border that were fighting the same battle against black nationalism as the South African ruling party, but also because of South Africa's need to protect and promote national interests through a demonstration of the inefficacy of international sanctions and boycotts at a time when it was, itself, a possible target for international sanctions because of its apartheid system.

Background. In recent decades, the sanctions policy has acquired special importance in international competition, which is why the issue under study is relevant. The purpose of the study is to identify the consequences and identify measures to counter economic anti-Russian sanctions. Materials and methods. The research was based on methods of descriptive analysis, systematic analysis, unity of historical and logical, comparative analysis, factual data on economic sanctions and counter-sanctions imposed on Russia by Russia, official statistical data on Russia's foreign economic activity (export and import indicators for 2014–2023). Results. Based on the analysis, the sectors and branches of the Russian economy most affected by sanctions have been identified, and the tasks and directions of economic development of the domestic economy in the context of sanctions pressure from foreign countries have been identified. Conclusions. The international economic sanctions imposed on Russia have both a negative impact on the domestic economy and create incentives and opportunities for its development and sustainability and self-sufficiency based on import substitution and diversification of production and foreign economic relations.

Though it is widely accepted that advancing women’s rights is crucial to promoting more economic prosperity, good governance, and social equality, very few studies have analyzed the gender-specific effects of foreign policy tools. In this study, we focus on the impact that a frequently used coercive tool — international economic sanctions — has on women’s well-being. Sanctions can have a devastating impact on both the target country’s economic and political stability, and women often suffer significantly from the effects of such external shocks due to their vulnerable socioeconomic and political status. We thus argue that foreign economic pressures will reduce the level of respect for women’s rights in the targeted countries. We use four different measures of women’s economic, political, and social status to analyze the gender-specific consequences of economic coercion. Results from the analysis for the period 1971–2005 indicate that sanctions are likely to exacerbate women’s rights. The data analysis also shows that the suggested negative impact of economic coercion on women’s well-being is conditioned by the wealth of a targeted country; women in poor countries are hit the hardest by economic sanctions.