The Duty Not to Intervene in Matters within Domestic Jurisdiction

Tladi, Dire

doi:10.1017/9781108652889.006

Cited by 2 publications

(1 citation statement)

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“…53 Dire Tladi has similarly observed that the threshold of intervention has been met when a state compels another "to change its policy or cause of action, not through influence or persuasion but through threats or imposition of negative consequences." 54 Nigel White has argued that states have no unilateral form of autonomous sanctioning power: only collective sanctions can be lawful in international law. 55 These views coincide with those put forward by a number of states, both in the context of UN resolutions and state practice, which is addressed below.…”

Section: A Un Friendly Relations Declaration Of 1970mentioning

confidence: 99%

Economic Sanctions, International Law, and Crimes Against Humanity: Venezuela's Referral to The International Criminal Court

2021

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I. INTRODUCTIONEconomic sanctions, unilateral and multilateral, have a long pedigree in international relations. From South Africa 2 and Israel, 3 to Iraq, 4 Iran 5 and North Korea, 6 such measures have, with varying results, been used in diverse contexts to influence the behaviour of States. 7Some would celebrate the use of economic sanctions as a means of punishing "rogue States"for human rights violations or threats to the peace, 8 while others would condemn it as "imperialism" by powerful States against the weak. 9 Leaving aside Chapter VII enforcement action by the UN Security Council, 10 the imposition of unilateral sanctions raises far-reaching questions in respect of the rights and duties of States under international law. 11 A novel issue that has emerged recently is whether, in certain circumstances, such measures could even qualify as crimes against humanity.

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Section: A Un Friendly Relations Declaration Of 1970mentioning

confidence: 99%

Economic Sanctions, International Law, and Crimes Against Humanity: Venezuela's Referral to The International Criminal Court

2021

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Economic and Legal Nature of Sanctions: Degree of Their Legality and Efficiency In Terms of International Law

Rodionova

2024

Teoreticheskaya i prikladnaya yurisprudentsiya

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With the increase in the number of international legal obligations and the absence of centralized institutional enforcement, economic coercion has become increasingly widespread as a tool for ensuring compliance with international law. The purpose of this work is to study the concept of “sanctions / unilateral restrictive measures” in the framework of the political, legal and economic analysis. Due to the lack of a common understanding of the nature of unilateral restrictive measures, the author analyzes and highlights the main features of sanctions. Based on the features identified, the author formulated a definition that is universal for most modern jurisdictions. Sanctions are understood as extraterritorial measures and/or restrictions in the economic sector used by the initiating state (or a group of such states) unilaterally for the purpose of political coercion of the target state. The paper argues for the need for a clear separation of multilateral and unilateral sanctions, the latter of which do not have a sufficient degree of legality in terms of international law. A solution to the problem of the lack of an established standard for assessing the effectiveness of economic sanctions is also proposed by clearly specifying the criteria and fixing them in international practice and regulatory documents. It is concluded that the use of the term “restrictive economic measures” instead of the term “sanctions” is legally more correct. The necessity of unification of international legal norms regulating the procedure, possibility and consequences of the application of unilateral sanctions is pointed out.

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The Duty Not to Intervene in Matters within Domestic Jurisdiction

Cited by 2 publications

References 17 publications

Economic Sanctions, International Law, and Crimes Against Humanity: Venezuela's Referral to The International Criminal Court

Economic Sanctions, International Law, and Crimes Against Humanity: Venezuela's Referral to The International Criminal Court

Economic and Legal Nature of Sanctions: Degree of Their Legality and Efficiency In Terms of International Law

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