SANCTIONS AS A TOOL TO ACHIEVE COMPLIANCE WITH INTERNATIONAL LAW: SOME ISSUES OF NATIONAL IMPLEMENTATION AND ENFORCEMENT

Abstract

The article is dedicated to sanctions as a tool for enforcing international legal obligations. In particular, some issues of their implementation at the national level are considered. The author analyzes the recent practice and legislation of the US, the EU, Canada and Ukraine. The choice of these actors is explained by their active participation in sanctions imposed on the Russian Federation in relation to its invasion of Ukraine. The main purpose of the study is to make a comparative analysis of national regulations in order to make recommendations for the improvement of the Law of Ukraine «On Sanctions» under which the sanctions on the Russian Federation and their residents are imposed. The publication considers such questions as the definition of sanctions or restrictive measures as they are often named, the grounds of their adoption, their types and enforcement. The last aspect is of great importance due to the fact that private companies often try to evade sanctions because for them sanctions mean restriction of their economic activities and, consequently, financial loss. In this regard the enforcement practice of the US is very useful and can be considered to be an example to follow for Ukraine and even for the EU. At the same time a very broad basis for US sanction imposition poses the question of their lawfulness both through the prism of international economic law and international human rights law. In this connection it is suggested that Ukraine should have a reasonable and more logical approach to the formulation of grounds for sanctions adoption that would be more consistent with the legal positions of other states applying sanctions in order to enforce international law.