Abstract
In contemporary international law, sanction is a tool for resolving disputes and attaining special political purposes which frequently reflects the dissatisfaction of powerful members of Security Council. Embargo has been regarded as a means of bringing force and coercion for developing the states' foreign policy and its legal effects are amongst the most controversial and ambiguous issues in international relations. In light of principle governing international laws, imposed unilateral and multilateral embargo by international organizations and superpowers against Iran is illegitimate measure with an objective to modify Iran's political behavior. The current study using UN charter provision and principles governing economic sanctions in the light of the international economic law made an attempt to investigate and elaborate on legitimacy and illegitimacy of imposed economic embargo against Iran. Hence, the existing study, in the first stage, pursues answering the following questions: how the applied embargo from UN Security Council and also unilateral embargo by U.S under principles governing international law can be explained? And what are the effects and consequences on various economic sectors and Iran's foreign policy behavior? Ultimately, the last part shed light on nuclear agreement between Iran and 5+1, easing sanction and its effect and consequences on Iran's trade and economic sectors. DOI: 10.5901/mjss.2016.v7n3s3p60
Highlights
Following inefficiency of international societies in establishing international peace and security, UN launched its activity
Since during the codification of UN charter and related issues regarding economic embargo '' the individual reflection has not been represented as subject of international law and individual rights were supposed to contain within state's internal jurisdiction, the silence of the charter shall be attributed to traditional approach to state sovereignty principle''(Momtaz, 2008, 344)
In the final analysis, taking into account recent developments in international law based on the need to further expand international cooperation in all fields, especially in trade, in fair conditions, the governments are obliged not to resort to any kind of action that is inconsistent with international cooperation
Summary
Following inefficiency of international societies in establishing international peace and security, UN launched its activity. The current study makes an attempt to explicate and investigate economic embargo in the light of different international law and pursue answering these questions: what are the effects and consequences of imposed embargo by UN Security Council and unilateral sanction by U.S on various economic sectors and Iran's foreign policy behavior? I.e., economic embargo is the planned (programmed) measures by one or couple of state parties via restricting economic relations in order to bring pressure on the targeted states which accompanied by different political purposes. Embargo has been a kind of nonmilitary measure under article 41 of Un charter that is predicted for bringing pressure and enforcing states who breach peace and invade other states consisted of prohibiting exports or imports of all or part of required and necessary productions and goods of embargoed states and constraint or banning some of the activities in embargoed state. Spreading the employment of economic embargo in international relations in 20th century raises this question that whether economic embargo contain necessary legitimacy in international laws? through garnering different insights, 3 theories can be extracted that is explicated respectively
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