Unilateral Sanctions in International Law and the Enforcement of Human Rights

Iryna Bogdanova holds a Ph.D. degree (2020) from the World Trade Institute, University of Berne. She has published contributions analysing various aspects of economic statecraft, legality of economic sanctions, national security exceptions in international economic law and regulation of emerging technologies.

• AcknowledgementsList of TablesList of AbbreviationsIntroductionpart 1The History, Effectiveness and Legality of Unilateral Economic Sanctions1 The History and Effectiveness of Economic Coercion1 The History of Economic Coercion: From Economic Warfare to the Enforcement of Community Interests1.1 Economic Coercion before the Twentieth Century1.2 Economic Sanctions in the Covenant of the League of Nations and Their Application in the Interwar Period1.3 Economic Sanctions after World War ii1.4 The “Sanctions Decade” and the Quest for “Smart” Sanctions1.5 The War against Terrorism and the UN Security Council’s Targeted Sanctions1.6 The Increased Use of Unilateral Economic Sanctions and a New Geo-Economic World Order2 The Effectiveness of Economic Sanctions2.1 The Objectives Pursued by Economic Sanctions2.2 The Debate on the Effectiveness of Economic Sanctions2.3 Strategies for Circumventing the Negative Effects of Economic Sanctions3 Conclusion2 The Legality of Unilateral Economic Sanctions under Public International Law1 Unilateral Economic Sanctions: In Search of Definitional Clarity1.1 Retorsion1.2 Reprisals1.3 Countermeasures1.4 Third-Party Countermeasures (Solidarity Measures, Countermeasures in the Collective Interest)1.5 Sanctions2 The Legality of Unilateral Economic Sanctions under the Charter of the United Nations2.1 Unilateral Economic Sanctions as a Use of Force under Article 2(4)2.2 Unilateral Economic Sanctions as a Violation of the Principle of Non-intervention3 The Legality of Unilateral Economic Sanctions under the Draft Articles on Responsibility of States for Internationally Wrongful Acts3.1 Unilateral Economic Sanctions as Countermeasures3.2 Unilateral Economic Sanctions as Third-Party Countermeasures4 Unilateral Economic Sanctions and Established Principles of Jurisdiction in International Law4.1 Jurisdiction in International Law4.2 Secondary Sanctions and Their Extraterritorial Reach4.3 Types of Primary and Secondary Unilateral Sanctions that Face a Significant Risk of Being Classed as Extraterritorial5 Jurisdiction and the Imposition of Unilateral Financial Sanctions5.1 The Era of Financial Warfare5.2 Unilateral Financial Sanctions and Jurisdiction5.3 Correspondent Account-Based Jurisdiction: A New Rule for Ascertaining Jurisdiction6 Unilateral Economic Sanctions and the Immunities of States and State Officials6.1 Blocking the Property of Central Banks and State-Owned Enterprises6.2 Blocking of Property and Travel Restrictions Applicable to Heads of States and Other High-Ranking Government Officials7 Unilateral Economic Sanctions and wto Law7.1 Import Restrictions7.2 Export Restrictions7.3 Restrictions on Traffic in Transit and Goods in Transit7.4 The Freezing of Assets and Restrictions on Financial Transactions7.5 Visa Restrictions7.6 Secondary Sanctions and Their Compatibility with wto Law8 Conclusionpart 2The International Enforcement of Human Rights and the Legality of Unilateral Human Rights Sanctions3 The International Enforcement of Human Rights1 Human Rights Treaties and Enforcement Mechanisms1.1 The Core Human Rights Treaties: A Short Review1.2 Reporting Obligation1.3 Mechanisms of Interstate Complaints1.4 Mechanisms for Individual Complaints1.5 Inquiry Procedure1.6 Dispute Settlement Provisions and the Role of the International Court of Justice1.7 The Deficiencies of Treaty-Based Enforcement Mechanisms2 Enforcement of Human Rights That Have Acquired a Special Status2.1 Jus Cogens2.2 Obligations Erga Omnes3 The Role of the Human Rights Council in the International Protection of Human Rights4 The Role of the UN Security Council in Responding to Atrocities4.1 Humanitarian Intervention and Responsibility to Protect (R2P)4.2 Collective Economic Sanctions5 Conclusion4 The Legality of Unilateral Economic Sanctions Imposed to Redress Human Rights Violations1 Human Rights Sanctions and the Principle of Non-intervention2 Economic Sanctions Targeting Human Rights Violations and the Draft Articles on Responsibility of States for Internationally Wrongful Acts3 Economic Sanctions Targeting Human Rights Violations and the Immunities of Heads of States and Other High-Ranking Government Officials4 Economic Sanctions Imposed on Human Rights Grounds and wto Law4.1 Justification under the Public Morals Exception4.2 Justification under the National Security Exception5 Conclusionpart 3The Contribution of the Doctrine of Common Concern of Humankind to the International Protection of Human Rights5 The Doctrine of the Common Concern of Humankind and Its Contribution to Enhancing Human Rights Protection1 The Evolution of the Doctrine of the Common Concern of Humankind2 The Suggested Normative Implications of the Principle of the Common Concern of Humankind2.1 Duty to Cooperate2.2 Obligation to Do One’s Homework2.3 Securing Compliance3 The Introduction of the Doctrine of Common Concern of Humankind into International Human Rights Law3.1 The Reasons behind States’ Abuses of Human Rights3.2 The Concept of the Essence of Human Rights (Kerngehalt) as a Threshold to Define Human Rights as a “Common Concern”3.3 Systematic Human Rights Violations as an Additional Criterion3.4 Grave Human Rights Violations as a Threat to International Peace and Security4 The Potential of the Principle of the Common Concern of Humankind in International Human Rights Law4.1 Reinforced Duty to Cooperate4.2 The Domestication of International Human Rights Obligations4.3 An Instrument for Providing Legality and Legitimacy to Unilateral Economic Sanctions4.4 An Instrument to Empower Civil Society5 ConclusionConclusionBibliographyIndex