Abstract
Enforcement by way of unilateral economic sanctions has been described as “one of the least developed areas of international law.” The term “sanctions” is notoriously difficult to define and does not itself appear in the key international instruments. With economic sanctions regularly referred to as President Trump's “weapon of choice,” and with opposition to such measures growing, greater certainty is needed in this area of law if the legitimacy and effectiveness of sanctions are to be preserved. This essay distinguishes UN-authorized sanctions from three types of “autonomous” sanctions (collective corrective sanctions, unilateral corrective sanctions, and unilateral coercive sanctions) and argues that many uses of unilateral sanctions are either unregulated or based on questionable legality.
Highlights
Enforcement by way of unilateral economic sanctions has been described as “one of the least developed areas of international law.”[1]. The term “sanctions” is notoriously difficult to define and does not itself appear in the key international instruments
Prosper Weil recognized that states employ international law “to ensure the coexistence and cooperation of basically disparate entities composing a fundamentally pluralistic society.”[2]. This description captures a juxtaposition that remains at the heart of international law
While many international lawyers would acknowledge a degree of legal ambiguity surrounding unilateral sanctions, it was surprising when President Trump invoked the authority of HBO over that of international law in announcing the restoration of U.S sanctions against Iran in November of last year
Summary
Enforcement by way of unilateral economic sanctions has been described as “one of the least developed areas of international law.”[1]. In the President’s first year in office, Secretary of the Treasury Steven Mnuchin estimated that he spent “probably over 50 per cent” of his time on national security issues and sanctions.[8] Law firm Gibson Dunn reported that 2017 was “a year of historic growth in the use of sanctions—and one in which sanctions played a greater role in both foreign and domestic policy in the United States.”9 2018 was described as an “extraordinary year in sanctions development and enforcement” with a total of 1500 persons designated (50 percent more than the number added to the Specially Designated Nationals and Blocked Persons List in any prior year).[10] This White House uses sanctions more widely, and shows a greater tendency to deploy them unilaterally. (1992). 8 Angela Keane, Pro Policy Summit: Live Updates and Highlights, POLITICO (Sept. 14, 2017). 9 Gibson Dunn, 2017 Year-End Sanctions Update (Feb. 5, 2018). Gibson Dunn, 2018 Year-End Sanctions Update (Feb. 11, 2019). EU Sanctions Map
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