Abstract
The Countering America’s Adversaries Through Sanctions Act (CAATSA) is national legal document that permits the United States to impose sanctions on countries it regards as adversaries, namely North Korea, Iran, and Russia. Certain sections of the act also permit sanctions against third parties who engage in significant transactions with these three states. Since entering into force in 2017, the international community has criticized CAATSA, while academic research about the sanctions legislation has focused on the politics of this issue, failing to study how it accords with international law. This is the first study that analyzes the secondary sanctions stipulated in the act from the perspective of international law. It examines the relevant sections of the act in light of the literature concerning secondary sanctions and discusses them under four titles: jurisdiction of states, decisions by international organizations, international jurisdiction and arbitration, and reactions of the international community. The discussion concludes by pointing out very strong evidence that CAATSA’s secondary sanctions contravene international law, despite it not yet being codified, and thereby argues that the secondary sanctions-related provisions are internationally unlawful.
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