Functions of Security Council subsidiary organs in the UN financial sanctions regimes

Abstract

UN sanctions regimes have developed remarkably since the end of the Cold War, such as transforming from comprehensive to “smart sanctions” or “targeted sanctions.” Moreover, the said development has co-occurred with the institutional and functional development of subsidiary organs. This chapter examines the functions and roles of subsidiary organs in the UN sanctions regimes, keeping in mind the viewpoint of Japanese administrative law, within the framework of the law of international organizations, modified and adapted as institutional law, operational law and remedial law of international organizations. From the said framework, the institutional and functional development of subsidiary organs is evaluated as follows: the expansion and improvement of organization (e.g., the establishment and development of subsidiary organs) has occurred under the framework of institutional law; the reinforcement and evolution of the framework of operational law (e.g., the enhancement of effectiveness followed by institutional and functional developments of the sanctions regimes) has been attempted thereby; and the beginning of efforts to conform to remedial law (e.g., coping with requests for assistance from a third state that has incurred economic difficulties arising from the sanctions, and ameliorating the delisting process) has come into view.