Abstract
This paper addresses the institutionalization of multilateral economic sanctions from a historical perspective, aiming at to explain when , why and how economic sanctions became an instrument of deterrence and coercion in the toolbox of collective security. First, it is shown that a new concern emerged in the Hague Conferences, in which states began to institutionalize international arbitration as a pacific mean to solve international disputes: how to enforce arbitral sentences in an anarchic international system? Economic sanctions were then envisioned as an eventual remedy to pressure a recalcitrant state to comply with the terms of the sentence. Second, it is described the process that resulted in economic sanctions as an autonomous deterrence and coercion tool in the Covenant of the League of Nations. It is presented how the liberal-idealist framework shaped this process, the existing expectative behind the economic sanctions, and the cases in which economic sanctions were applied. Finally, the article describes the realist ideas that influenced the creation of the United Nations, whose Charter lists economic sanctions as an instrument to be used in the collective security framework but at that time less prominently than the use of force.
Highlights
In a world were governments and people buy and sell things, and invest and transfer money beyond national borders, it is crucial for states to maintain the international commercial and financial channels open
Everything was prepared to the acceptance of the vetoing right of the five permanent members of the Security Council15, the prominence of this organ in matters related to peace and security16, the mandatory character conferred on its decisions17, and the concrete provision of the use of force as a collective security mechanism18
It started by showing that the Hague Conferences, which progressively institutionalized international arbitration as a pacific mean to solve international disputes, lead to the concern on how to enforce the arbitral sentences
Summary
In a world were governments and people buy and sell things, and invest and transfer money beyond national borders, it is crucial for states to maintain the international commercial and financial channels open. Peace was conceived as indivisible – a responsibility all and every state – states were responsible to assert, individually, if the obligation to enforce sanctions had effectively arisen It was believed states would behave in good faith so there was an individual obligation to verify the need for sanctions and a moral (not lawful) obligation to punish the emerging aggressor: Wilson’s view prevailed as the Covenant provided for a voluntary approach for member states to decide, based on a unanimous recommendation of the League Council, whether they want to take military or economic measures against a member that had committed aggression These amendments were never ratified and retained the character of nonbinding guidelines” (KRISCH, 2012)
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