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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: 49; Downloads: 4
.pdf Full text (1,08 MB)

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