OUVRAGE : I. Bogdanova, Unilateral Sanctions in International Law and the Enforcement of Human Rights: The Impact of the Principle of Common Concern of Humankind

Iryna BOGDANOVA

Are unilateral economic sanctions legal under public international law? How do they relate to the existing international legal principles and norms? Can unilateral economic sanctions imposed to redress grave human rights violations be subjected to the same legal contestations as other unilateral sanctions? What potential contribution can the recently formulated doctrine of Common Concern of Humankind make by introducing substantive and procedural prerequisites to legitimise unilateral human rights sanctions? Unilateral Sanctions in International Law and the Enforcement of Human Rights by Iryna Bogdanova addresses these complex questions while taking account of the burgeoning state practice of employing unilateral economic sanctions.

TABLE OF CONTENTS

Introduction

PART 1

The History, Effectiveness and Legality of Unilateral Economic Sanctions

1. The History and Effectiveness of Economic Coercion

1. The History of Economic Coercion: From Economic Warfare to the Enforcement of Community Interests
2. The Effectiveness of Economic Sanctions
3. Conclusion

2 The Legality of Unilateral Economic Sanctions under Public International Law

1. Unilateral Economic Sanctions: In Search of Definitional Clarity

2. The Legality of Unilateral Economic Sanctions under the Charter of the United Nations

3. The Legality of Unilateral Economic Sanctions under the Draft Articles on Responsibility of States for Internationally Wrongful Acts
4. Unilateral Economic Sanctions and Established Principles of Jurisdiction in International Law
5. Jurisdiction and the Imposition of Unilateral Financial Sanctions
6. Unilateral Economic Sanctions and the Immunities of States and State Officials
7. Unilateral Economic Sanctions and WTO Law
8. Conclusion

PART 2

The International Enforcement of Human Rights and
the Legality of Unilateral Human Rights Sanctions

3. The International Enforcement of Human Rights

1. Human Rights Treaties and Enforcement Mechanisms

2. Enforcement of Human Rights That Have Acquired a Special Status

3. The Role of the Human Rights Council in the International Protection of Human Rights

4. The Role of the UN Security Council in Responding to Atrocities
5. Conclusion

4. The Legality of Unilateral Economic Sanctions Imposed to Redress Human Rights Violations

1. Human Rights Sanctions and the Principle of Non-intervention

2. Economic Sanctions Targeting Human Rights Violations and the Draft Articles on Responsibility of States for Internationally Wrongful Acts

3. Economic Sanctions Targeting Human Rights Violations and the Immunities of Heads of States and Other High-Ranking Government Officials

4. Economic Sanctions Imposed on Human Rights Grounds and WTO Law

5. Conclusion

PART 3

The Contribution of the Doctrine of Common Concern of Humankind to the International Protection of Human Rights

5. The Doctrine of the Common Concern of Humankind and Its Contribution to Enhancing Human Rights Protection

1. The Evolution of the Doctrine of the Common Concern of Humankind
2. The Suggested Normative Implications of the Principle of the Common Concern of Humankind
3. The Introduction of the Doctrine of Common Concern of Humankind into International Human Rights Law
4. The Potential of the Principle of the Common Concern of Humankind in International Human Rights Law
5. Conclusion

Conclusion

Bibliography

Iryna BOGDANOVA, Unilateral Sanctions in International Law and the Enforcement of Human Rights: The Impact of the Principle of Common Concern of Humankind, Leiden, Brill/Nijhoff, 2022 (316 pp.)

The open access publication of this book has been published with the support of the Swiss National Science Foundation.