15-19 July 2024, Utrecht University (The Netherlands)
Over the years, unilateral sanctions have been making the headlines. Such measures are to be distinguished by sanctions adopted by an international organization against its member states, such as UN Security Council sanctions. Undoubtedly, the most reported upon sanctions are those adopted by the EU and the US against Russia for its aggression against Ukraine. These measures are frequently referred to as ‘unprecedented’. Actors adopting sanctions have gone out of their way to impose maximum costs on Russia by freezing its Central Bank assets, blocking its access to SWIFT, prohibiting import of Russian goods, etc. To ensure third states comply with their restrictions, they have progressively extended their jurisdictional reach. More recently, some scholars and states have suggested that temporarily frozen assets of Russian nationals and authorities can be confiscated and used to repay damages caused to Ukraine.
Russia is, of course, not the only state under sanctions. Zimbabwe, Iran, Syria, and Venezuela have been targeted by various restrictions. The latter has sought to challenge the measures imposed on it before the ICC, arguing the US sanctions amount to crimes against humanity. Unilateral sanctions have evolved to more horizontal regimes, such as the US's Magnistky Act and the EU's Global Human Rights Sanctions Regime, where not only states but also private entities and individuals can be targeted for human rights violations.
Whereas there is much commentary on these measures’ effectiveness and political implications, there is very little discussion on the legality of these measures. How far can states and organizations, such as the EU, go when imposing such measures? Are there any limits under general international law that these actors should be aware of lest their responsibility can be invoked? Importantly, one should ask how unilateral sanctions influence and shape international politics? What is their impact on the ‘international order’, and are they an effective at enforcing, or at least promoting, international norms?
Distinguishing unilateral sanctions from UN Security Council measures, the course will focus on how international law regulates restrictions imposed by the EU and the US, as well as the effectiveness of sanctions at enforcing international norms. It will also consider how ‘non-Western’ states perceive such policy tools.