Are Economic Sanctions or Other Forms of ‘Legal Outcasting’ Short of Resort to Armed Force: An Effective means to Enforce International Law?

  • Ruchira Kaur Bali
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  • Ruchira Kaur Bali

    LLM Student at Trinity College, Dublin, Ireland

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Abstract

Economic Sanctions are of various kinds- Internal and External and Physical and Non-Physical, their effects differ, with somewhat different outcomes, but their underlying objectives, by and large remains the same of ensuring recalcitrant state’s compliance with International Law. It falls within the broader category of outcasting, which is used by a number of states to deprive the non-compliant state of the benefits of global trade, communication and diplomatic relations. Oftentimes, it can have a harsh impact on the vulnerable populations. With this concept in mind, it is arguably very important to understand as to how gunboat diplomacy has taken a back seat in international relations, particularly in light of various UN Charter provisions that exclude or prohibit to a large extent to use of force, save in situations such as: necessity, self-defence, responsibility to protect, humanitarian intervention and collective security defence under Article 2 and 51 of the U.N Charter respectively. From a standpoint of increasing globalisation, and the need to establish peace and security globally, economic sanctions have come about to play significant role in influencing and regulating the conduct of the targeting state and the targeted state, the article will deliberate as to how successful have these forms of sanctions been, from a multidisciplinary perspective. Their spill over effects are equally important when assessing their probability of success. The article will delineate about different types of outcasting measures available, and their relevance to the impact felt in relations between states through illustration of UN Sanctions imposed would be compared and illustrated in the article. The article will also develop solutions to improvise the efficacy of implementing outcasting measures.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 1357 - 1373

DOI: https://doij.org/10.10000/IJLMH.111430

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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