Coercive Diplomacy Sanctions And International Law

This volume explores sanctions as instruments of coercive diplomacy, delving into theoretical arguments and combining perspectives from international law and international relations scholars and practitioners. Primary questions include the compatibility and legitimacy of sanctions regimes, enforcement measures, including the role of sanctions committees, the practice of circumventing sanctions, and the relation with the ICC proceedings. Legal and institutional aspects of the practice of the European Union are addressed. The extraterritorial effects of national legislation implementing sanctions imposed by individual States are investigated. A focus is on the impact of sanctions on non-State actors. The connections with the protection of human rights and the adverse impact on individual rights are considered. The implementation of sanctions is addressed in view of their legal limitation and the concept of proportionality, their consequences upon existing treaties and contracts, their effectiveness, and their strategic implications.

From the rising significance of non-state actors to the increasing influence of regional powers, the nature and conduct of international politics has arguably changed dramatically since the height of the Cold War. Yet much of the literature on deterrence and compellence continues to draw (whether implicitly or explicitly) upon assumptions and precepts formulated in-and predicated upon-politics in a state-centric, bipolar world. Coercion moves beyond these somewhat hidebound premises and examines the critical issue of coercion in the 21st century, with a particular focus on new actors, strategies and objectives in this very old bargaining game. The chapters in this volume examine intra-state, inter-state, and transnational coercion and deterrence as well as both military and non-military instruments of persuasion, thus expanding our understanding of coercion for conflict in the 21st century. Scholars have analyzed the causes, dynamics, and effects of coercion for decades, but previous works have principally focused on a single state employing conventional military means to pressure another state to alter its behavior. In contrast, this volume captures fresh developments, both theoretical and policy relevant. This chapters in this volume focus on tools (terrorism, sanctions, drones, cyber warfare, intelligence, and forced migration), actors (insurgents, social movements, and NGOs) and mechanisms (trilateral coercion, diplomatic and economic isolation, foreign-imposed regime change, coercion of nuclear proliferators, and two-level games) that have become more prominent in recent years, but which have yet to be extensively or systematically addressed in either academic or policy literatures.

"As Robert Art makes clear in a groundbreaking conclusion, those results have been mixed at best. Art dissects the uneven performance of coercive diplomacy and explains why it has sometimes worked and why it has more often failed."--BOOK JACKET.

The reactivation of the Security Council at the beginning of the last decade has resulted, since the invasion of Kuwait by Iraq on August 2, l990, in increasing use of its powers under Chapter VII of the Charter and the adoption of measures against a number of state and non-state entities. The notion of a threat to the peace has now come to encompass violations of fundamental norms of international law such as human rights and humanitarian law, and the wide-ranging measures adopted have included such innovations as the establishment of the UN Compensation Commission or that of the two international criminal tribunals for Former Yugoslavia and Rwanda. These measures have not only infringed on the legal rights of the targeted state (sometimes with irreversible effects where they have remained in force over a long period of time) and its population, but also on those of implementing states and of private rights within these states. The current debate over the legitimacy and long-term effects of economic sanctions on states and their populations makes it imperative to re-evaluate this instrument and the broader peace maintenance function of the Security Council in the light of current community concerns. Part One of this book addresses the theoretical issues by focussing on: 1) The place of sanctions in the international legal system; 2) the limits to the powers of the Security Council and the question of accountability; and 3) an assessment of the alternatives to collective economic sanctions. Part Two looks at the relationship between sanctions and humanitarian issues, examining the relationship between: 1) Sanctions and human rights law; 2) sanctions, humanitarian issues and mandates; and 3) sanctions and humanitarian law. Part Three focuses on implementation by states of Security Council sanctions resolutions by examining: 1) Sanctions and private rights; and 2) special problems for implementing states. Part Four addresses the future in reassessing the place and ethics of sanctions in an international legal system which is giving increased importance to the individual. This work is based on papers presented at a colloquium of the Graduate Institute of International Studies in Geneva.

Perhaps the most common question raised in the literature on coercive international sanctions is: "Do sanctions work?" Unsurprisingly, the answer to such a sweeping question remains inconclusive. However, even the widely-presumed logic of coercive sanctions – that economic impact translates into effective political pressure – is not the primary driver of conflict developments. Furthermore, existing rationalist-economistic approaches neglect one of the most striking differences seen across sanctions conflicts: the occurrence of positive sanctions or their combination with negative sanctions, implicitly taking them as logically indifferent. Instead of asking whether sanctions work, this book addresses a more basic question: How do coercive international sanctions work, and more substantially, what are the social conditions within sanctions conflicts that are conducive to either cooperation or non-cooperation? Arguing that coercive sanctions and international conflicts are relational, socially-constructed facts, the author explores the (de-)escalation of sanctions conflicts from a sociological perspective. Whether sanctions are conducive to either cooperation or non-cooperation depends on the one hand on the meaning they acquire for opponents as inducing decisions upon mutual conflict. On the other hand, negative sanctions, positive sanctions, or their combination each contribute differently to the way in which opponents perceive conflict, and to its potential transformation. Thus, it is premature to ‘predict’ the political effectiveness of sanctions simply based on economic impact. The book presents analyses of the sanctions conflicts between China and Taiwan and over Iran’s nuclear program, illustrating how negative sanctions, positive sanctions, and their combination made a distinct contribution to conflict development and prospects for cooperation. It will be of great interest to researchers, postgraduates and academics in the fields of international relations, sanctions, international security and international political sociology.

Coercive diplomacy - the use of threats and assurances to alter another state's behavior - is indispensable to international relations. Most scholarship has focused on whether and when states are able to use coercive methods to achieve their desired results. However, employing game-theoretic tools, statistical modeling, and detailed case study analysis, Power Plays builds and tests a theory that explains how states develop strategies of coercive diplomacy, how their targets shield themselves from these efforts, and the implications for interstate relations. Focusing on the World Trade Organization, Power Plays argues that coercive diplomacy often precludes cooperation due to fears of exploitation, but that international institutions can solve these problems by convincing states to eschew certain tools for coercive purposes.

Providing perspectives from a range of experts, including international lawyers, political scientists, and practitioners, this book assesses current theory and practice of economic sanctions, discussing current legal and political challenges faced by the international community. It examines both the implementation of sanctions by major powers – the United States, the European Union, and Japan – as well as assessing the impact of those sanctions through case studies of Russia, Iran, Syria, and North Korea. Balancing theoretical analysis of legal considerations with national and regional level empirical analysis, it also includes coverage of sanctions issues by the UN Security Council and the EU, as well as the extraterritorial application of sanctions. A valuable reference for academics and practitioners, Economic Sanctions in International Law and Practice will be useful to those working in the fields of international law, diplomacy, and international political economy.

The Centre for Studies and Research in International Law and International Relations forms part of the Hague Academy of International Law, and operates under the authority of its managing board and within the framework of its teaching. The Centre was established to further in-depth research in the area of international law. The topic for 2000 was Economic Sanctions in International Law. The contents of this volume include: - Bilan de recherches de la section de langue francaise du Centre d'etude et de recherche de l'Academie, par L.-A. Silianos, professeur a l'Universite d'Athenes. - The Present State of Research carried out by the English speaking Section of the Centre for Studies and Research, by Mrs. L. Picchio Forlati, Professor of the University of Venice. - Annex. List of Participants and Subjects Treated. - The Centre for Studies and Research in International Law and International Relations of The Hague Academy of International Law.