Use of Economic Sanctions under International Law: A Contemporary Assessment

Abstract

SummaryThe growth in the use of collective economic sanctions in the post-Cold War epoch calls for a re-examination of the legal basis and constraints on the implementation of sanctions. This article is an attempt to explore, from a legal point of view, the problems and restrictions associated with sanctions, and to suggest the ways in which economic sanctions can be rendered more legitimate in terms of international legal requirements. It is argued that, in addition to the traditional treaty basis of collective sanctions, a breach of an erga omnes obligation is also a legitimate legal basis for economic sanctions. It is also contended that, in addition to traditional economic considerations, sanctions should be subject to other limitations such as respect for principles of international humanitarian law. After determining the restrictions on the implementation of sanctions, the author makes proposals for refining current practices in imposing economic sanctions. In conclusion, it is argued that collective sanctions have the potential of being used in a more humane and institutionally coherent way.