2020
DOI: 10.1163/15718107-89030008
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The Proportionality of Unilateral “Targeted” Sanctions: Whose Interests Should Count?

Abstract: Comprehensive sanctions were considered to be disproportionate in their collateral effects for the harm caused to the populations of sanctioned States. With the emergence of the concept of targeted sanctions, questions regarding proportionality were expected to fade away. After all, targeted sanctions were supposed to be inherently proportional precisely because they were targeted. Nevertheless, the use of selective embargoes, also known as sectoral sanctions, continues to give rise to issues of proportionalit… Show more

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Cited by 3 publications
(4 citation statements)
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“…With regard to the criterion of equivalent protection, the French government argues that its use is authorized only in the event that the founding treaties of international organizations "do not indicate that they would prevail over the Convention in the event of conflict" whereas, instead, the UN Charter contains a similar provision (…)". position, since, from a methodological point of view, it has deviated from the Chamber regarding the examination concerning the proportionality of the sanctioning measure (Hofer, 2020;Linderfalk, Gill-Pedro, 2021). So the Grand Chamber avoided applying the equivalent protection test, thus coming to consider the conduct of Switzerland as a conduct that infringes the most intimate content of art.…”
Section: Harmonization Rule Of Law and Ecthrmentioning
confidence: 99%
“…With regard to the criterion of equivalent protection, the French government argues that its use is authorized only in the event that the founding treaties of international organizations "do not indicate that they would prevail over the Convention in the event of conflict" whereas, instead, the UN Charter contains a similar provision (…)". position, since, from a methodological point of view, it has deviated from the Chamber regarding the examination concerning the proportionality of the sanctioning measure (Hofer, 2020;Linderfalk, Gill-Pedro, 2021). So the Grand Chamber avoided applying the equivalent protection test, thus coming to consider the conduct of Switzerland as a conduct that infringes the most intimate content of art.…”
Section: Harmonization Rule Of Law and Ecthrmentioning
confidence: 99%
“…The concept “sanction” is widespread in international politics and international law; in spite of its frequent use, however, its definition remains highly imprecise (Hofer, 2020, pp. 399–400).…”
Section: Sanctions and Food Securitymentioning
confidence: 99%
“…Unilateral economic sanctions do not fall squarely within a single existing legal category in international law and may be divided into categories such as retorsion, reprisals, countermeasures, third-party countermeasures (solidarity measures) and sanctions (Bogdanova, 2022, p. 60). Although the paper does not focus on such different categories of unilateral economic sanctions or its legitimacy under international law, we note that most unilateral economic sanctions have severe consequences that are not limited to the civilian population of the targeted State but also extend to third countries (Hofer, 2020, p. 404).…”
Section: Sanctions and Food Securitymentioning
confidence: 99%
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