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Compatibility of unilateral sanctions with public international law : magistrsko delo
Andrej Stanišić, 2024, master's thesis

Abstract: This master’s thesis systematically analyses the possible obligations and rules of public international law that must be respected when States impose sanctions without the authorisation of the United Nations Security Council or unilateral sanctions. This type of sanctions has been used throughout history and States are increasingly resorting to imposing them within international conflicts. However, they have never been regulated by any authoritative act, and the decisions of international judicial organs are scarce. In the absence of specific rules regulating the use of unilateral sanctions, this thesis focuses on the general provisions and obligations of public international law that States must respect when imposing sanction regimes against other States. One of the fundamental principles of international relations is the principle of sovereign equality of States, under which States must refrain from intervening in the domestic affairs of other States and must respect their sovereign immunity. Furthermore, States are obligated to respect treaty provisions they have consented to, one of them being the World Trade Organisation’s Marrakesh Treaty, under which States need to respect the rules enshrined General Agreement on Tariffs and Trade, like most favoured nation principle. Unilateral sanctions such as freezing of assets of States and central banks, travel bans for State representatives, import and export bans and trade embargos all constitute a threat to breach these obligations of public international law. However, even if States impose unlawful unilateral sanctions, their unlawfulness may be precluded under the rules of lawful countermeasures. Inconsistent State practice, divergent opinions of various scholars and lack of codifications make all these rules and prohibitions difficult to determine. However, given the recent increase in the use of unilateral sanctions, this grey area of international law is beginning to be clarified.
Keywords: State sovereignty, sanctions, legal countermeasures, coercion, national matters, human rights, immunities, inviolability, security exception, most favoured nation.
Published in DKUM: 24.06.2024; Views: 198; Downloads: 66
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Private policing in the former Yugoslavia : a menace to society?
Ronald van Steden, Rick Sarre, 2010, review article

Abstract: Purpose: This paper aims to give an empirical overview of the ‘privatization’ of security (or, in a more narrow sense, policing) services within the former countries of the Socialist Federal Republic of Yugoslavia namely, Slovenia, Croatia, Serbia, Kosovo, Bosnia-Herzegovina, Macedonia and Montenegro. Observations are put in light of the extant literature on private policing worldwide. Design/Methods/Approach: The paper draws on a literature review of academic publications, NGO-reports and other relevant written sources. Findings: Although it is not possible to offer a full picture of the current developments in the region, we argue that the rise of private security markets shows significant variety throughout former Yugoslavian countries, as does the level of state regulation. Moreover, contrary to the views of doomsayers critical of the provision of commercial security, academics and observers alike are optimistic about private security personnel becoming a legitimate and stabilizing presence in post-conflict zones such as the Balkans. Research implications: The persistence of divergence in private policing trajectories within the former Yugoslavia underscores the need for more detailed cross-national studies that take account of differences, as well as similarities, in how commercial security industries are governed and regulated by state institutions. Practical implications: Public as well as private policy-makers in the field of security serve as appropriate anchor points to facilitate, direct and regulate private policing activities across the former Yugoslav republics. Originality/Value: The growing body of knowledge on private policing is heavily suffused by predominantly North American, Canadian, British and Australian studies. Nonetheless, research from countries outside the English speaking world has much to contribute to an understanding of private security industries. An examination of the Balkan countries that emerged from the breakup of Yugoslavia is particularly interesting when viewed as a post-conflict legacy.
Keywords: policing, private security, ex-Yugoslavia, cross-national comparison
Published in DKUM: 12.05.2020; Views: 1234; Downloads: 70
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