Alexandra Hofer, Review of Gavin Sullivan, The Law of the List: UN Counterterrorism Sanctions and the Politics of Global Security Law

Unilateral economic sanctions and food security

“…A "legal" unilateral economic sanction, such as the one discussed in our case study, would constitute an act of retorsion [61]. Generally, under international law, the proportionality requirement does not apply to retorsions because such measures are understood to not violate substantive rules of international law [62].…”

“…Accordingly, it has been argued that State practice and existing legal standards should inform the proportionality discussions of sanctions in varied legal regimes [64]. In this context, the security exception under GATT Article XXI was examined, and it was noted that the test therein is limited to verifying a causal connection between the measure and the conditions outlined in the sub-headings or the "minimum requirement of plausibility" test.…”

“…In this context, the security exception under GATT Article XXI was examined, and it was noted that the test therein is limited to verifying a causal connection between the measure and the conditions outlined in the sub-headings or the "minimum requirement of plausibility" test. However, it has been further argued that some acts of retorsion can cause such pain and disutility that it goes beyond the object of the retorsion and leads to excessive damage to the targeted State, which amounts to abuse of right [65]. Moreover, such measures may constitute an arbitrary exercise of its rights by a country, which may cause injury to a third country and can also amount to an abuse of rights [66].…”