Contact Us
Phone

+61 414 741 084

Fax

+61 414 741 084 (Virtual Fax)

Email

jpracbusinesslaw@gmail.com

 

Address

13 Ferndale Parade

Highton 3216

VIC, Australia

Reviews on economic sanctions and mechanisms to limit it from the perspective of the norms of international criminal law and international humanitarian


Received: 19 April 2020
Accepted: 23 May 2020
Published: 14 June 2020


Saeid Sheykh, Ramin Nik’khou, Noushin Loghmani



 Download Full Text


Abstract

History has shown that economic sanctions are a derivative of economic warfare. Those scholars that differentiate between economic pressures waged apart from military Warfare by the term economic sanctions fail to consider that the roots of economic Sanctions are found in economic warfare. Some believe that sanctions among are the crimes against humanity and should be perpetrators brought to trial of the International Criminal Court. Some believe economic sanctions, violations of humanitarian law and human rights. Therefore, in this study we have been studied to Reviews on economic sanctions and mechanisms to limit it from the perspective of the norms of international criminal law and international humanitarian.

Keywords: Humanitarian law, international criminal law, economic sanctions, international conventions.

 

 Download Full Text

 

 

relatively minor frictions or conflicts, which consequently fall within the province of the States concerned. In other words, the settlement of such disputes is left to the State directly affected by the friction or conflict. As a consequence, the more powerful States eventually impose their own solution.

In addition, individual States have had scant, if any, resort to one particular legal weapon available to them as a response to gross violations of human rights and other atrocities, namely, peaceful reprisals, currently termed countermeasures. Countermeasures include such measures as the suspension or termination of commercial treaties, the suspension of treaties granting special rights to nationals of the offending State, expulsion of those nationals, trade embargoes, the freezing or seizure of assets belonging to the foreign State or to its nationals, and so on.

Why do States refrain from taking countermeasures against gross violations of international law such as massacres, ethnic violence, large-scale breaches of human rights, torture, and so on? The reason is simple: States tend to resort to countermeasures when their own interests are at stake and other States have infringed upon those interests by breaching international law. In other words, States tend to react by peaceful means to the breach of reciprocal obligations by other States. In contrast, they incline to turn a deaf ear to breaches of international obligations protecting basic values, such as the obligations not to threaten or breach the peace, not to engage in genocide, not to torture, not to discriminate racially, and so on. These are what I would call community obligations. They exhibit two basic features: first, they are incumbent upon each and every member of the world community towards all other members; and, secondly, any other member of that community has a correlative right to demand fulfillment of these obligations and, in case of breach, has the right to resort to countermeasures. Plainly, the gross breaches of international law we are discussing are normally breaches of precisely such community obligations. A strong reaction by States to these breaches presupposes the existence of a community interest to put a stop to such breaches. However, the community interest in their fulfillment is still more potential than real. States are still dominated by self-interest; they still pursue short-term national interests rather than care about global human values. Hence the disinclination of States to intervene to stop blatant infringements of community values enshrined in legal rules imposing community obligations.

 

References

[1] Buzan, Barry,(1994) “The Interdependence of Security And Economic Issues in the New World Order" in”: Richard Stubbs and Geoffrey R., Political Economy and The Changing Global Order, Great Britain: Macmillan Press LTD

[2] Khan, Mohsin S. Hague, Nadeem (1986), “Capital Flight from Developing Countries”, Guddington, J.T., Capital Flight: Estimates, Issues and Explanations, Princeton, Newjersey: Princeton Studies in international finance, No.58

[3] Valizadeh, Akbar,(2011), “Effective approaches and theories in political economy”, international sanctions, , Journal of Politics: Journal of Law and Political Science School, Volume 41, Number 1

[4] Beygzade, Ebrahim (2000), “NGOs and International Law”, Journal of Legal Studies, No. 31-32

[5] tohidi far, M.(2000), “criminal sanctions the United Nations Charter”, First Printing Tehran: the capital of the Department of printing and publishing

[6] Sharif, Mohammed (1994), “the doctrine of unlimited jurisdiction of the Security Council”: Press Information

[7] Zahrani, M. (1997), “Theories of economic sanctions”, Tehran: published by the Ministry of Foreign Affairs

[8] Alikhani, H. (2003), “sanctions on Iran fail Politics”, translated by Mohammad taghi nejad: Political and International Studies Office

[9] Shaw, Malcolm, (1995), “International Law”, translated by Muhammad Hussain Waqar, Tehran: information dissemination

[10] Wallace, Rebeka (1999), „International Law”, translated by Mohammad Sharif, Tehran: Ney Publishing

[11] Hohen Feldan, aYgnats Zaydl (2000), “international economic law”, translator and research Syed Qasim zamani: Tehran Studies and Research Of legal

[12] Gill, Stephen (1988), “Law,  The  Global  Economy:  Perspectives, Problems and Policies”, Hemel Hempstead: Harwester Wheatsheaf

]13[Banks characteristics, state ownership and vulnerability to sanctions: Evidences from Iran

 


621
Related Content

Register
To submit your paper, please register first by clicking on the registration button. You will then be able to upload your paper within the control panel(cpanel)


Publication Information

Journal of Practical Business Law

 

ISSN: 2783-2899

Publisher

BSK Publication Co.

Melbourne, Australia

Director in charge

Dr. Alex K. Lobanov

Editor-in-Chief

Justin Perry, Ph.D.

Executive Manager

Mehrdad Fallahi Barzoki, Ph.D.

Rosepub - Journal management system