LEGALITY OF UNILATERAL SANCTIONS UNDER INTERNATIONAL LAW

Authors

  • Sandeep NIILM University, Kaithal, Haryana

DOI:

https://doi.org/10.36676/ijl.v3.i3.98

Keywords:

Unilateral Sanctions, International Law, Sovereignty, UN Charter, Non-Intervention, Economic Coercion, State Responsibility

Abstract

Unilateral sanctions, used by powerful states to compel others without the support of multilateral organizations like the UN, have become a key instrument of foreign policy in the last several decades. “The moral, political, or strategic justifications for these actions are often strong, but the question of whether they are permissible under international law is still hotly contested. By following the interplay between unilateral sanctions and other fundamental tenets of international law—such as state sovereignty, non-intervention, and the prohibition of force—this article delves into the murky waters of their legal standing. The author delves into the question of whether governments can take such measures independently of the UN Security Council and, if so, under what conditions these sanctions can be deemed legitimate”. The purpose of this article is to examine the rule of law and the effectiveness of unilateral sanctions in international relations by reviewing pertinent legal instruments, academic debates, and case studies.

References

Charter of the United Nations (1945), Available at: https://www.un.org/en/about-us/un-charter

International Court of Justice, Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), ICJ Reports 1986. Available at: https://www.icj-cij.org/en/case/70

International Court of Justice, Alleged Violations of the 1955 Treaty of Amity (Iran v. United States of America), Provisional Measures Order, 2018. Available at: https://www.icj-cij.org/en/case/175

United Nations Human Rights Council (UNHRC), Reports of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, A/HRC/45/7 (2020) and subsequent reports. Available at: https://www.ohchr.org/en/special-procedures/sr-unilateral-coercive-measures

Fassbender, Bardo. UN Security Council Reform and the Right of Veto: A Constitutional Perspective. Kluwer Law International, 1998.

Tzanakopoulos, Antonios. The Right to Be Free from Economic Coercion, in The Fundamental Rules of the International Legal Order, edited by Tomuschat & Thouvenin. Martinus Nijhoff Publishers, 2006.

Orakhelashvili, Alexander. Peremptory Norms in International Law. Oxford University Press, 2006.

UN General Assembly Resolutions on the U.S. Embargo on Cuba, e.g., A/RES/77/7 (2022): Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba.

U.S. Helms-Burton Act, Pub.L. 104–114 (1996). Summary available at: https://www.congress.gov/bill/104th-congress/house-bill/927

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Published

30-06-2025
CITATION
DOI: 10.36676/ijl.v3.i3.98
Published: 30-06-2025

How to Cite

Sandeep. (2025). LEGALITY OF UNILATERAL SANCTIONS UNDER INTERNATIONAL LAW. Indian Journal of Law, 3(3), 25–33. https://doi.org/10.36676/ijl.v3.i3.98

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Section

Original Research Article

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