This book deals with unilateral economic, financial, or other coercive measures not amounting to the use of force, against a state. Unilateral sanctions, as broadly agreed by the editor and the authors of individual chapters, is preferred as a foreign policy tool by many states. However, the legality of these measures is often arguable and their application is thus debatable.
The book is published in the same year as the adoption by the United Nations Human Rights Council (UNHRC) of the draft resolution “The negative impact of unilateral coercive measures on the enjoyment of human rights” (A/HRC/46/L.4, adopted by a vote of 30 in favour, 15 against, and 2 abstentions), which urges states to cease using unilateral sanctions as tools of political and economic pressure. In particular, the UNHRC resolution notes that unilateral sanctions, especially those of a coercive nature with extraterritorial effects create obstacles to trade relations among states, thus impeding the full realization of the rights set forth in the Universal Declaration of Human Rights and other international human rights instruments, in particular the right of individuals and peoples to development. This book aims to complement both this and earlier UNHRC resolutions regarding unilateral sanctions by providing examples and scholarly support, together with a framework for the international law governing unilateral sanctions, and addresses the topic from various perspectives such as aviation, foreign investment, human rights, maritime law, environmental law, World Trade Organisation (WTO) law, and cyber law. Further, by using the example of the Gulf Cooperation Council, the book examines how regional organizations deal or should deal with unilateral sanctions.
Although the book states that unilateral sanctions are different from countermeasures and “retorsions and smart or targeted sanctions”, it is not clear from the chapters how these three concepts are different from one another and why they should not be used interchangeably. Additionally, the book fails to incorporate a detailed Third World perspective, even though it correctly surmises that unilateral sanctions are often simply a tool of the Global North against the Global South.
These issues aside, the book provides a comprehensive analysis on the customary law that has crystallized regarding unilateral sanctions, including the increasing limitations, such as being subject to the principles of proportionality, jus cogens, coerciveness, or extraterritoriality. One of the important conclusions of the book is that “national legislations concerning unilateral sanctions that affect the rights of the people in third countries are contrary to international law”. Further, the analysis illustrates that unilateral sanctions may contravene principles specific to an international law regime, such as WTO agreements or regional investment agreements and principles of non-discrimination which are included in various international treaties. The Draft Declaration on the Rules of International Law on Unilateral Sanctions has been appended to the book and includes the important conclusions, which should be considered by international forums and, as the book itself notes, with much needed dialogue.
Competing interests
the author declares none.