International Sanctions Case Study

A proper discussion of the concept and legal nature of international sanctions can be achieved by a dual means: assessing the concept of international sanctions and comparing it to the legal regime that attempts to disregard national sovereignty and jurisdictional limit of the law. In order to understand the concept of sanctions this discussion analyzes previous writings by John F. L. Ross who questions the international nature of sanctions that often outlaw staying on the fence. The discussion further delves into the writings of H. L. A. Hart to assess the effectiveness of international law which is the legal basis upon which international sanctions can be based. The discussion concludes by questioning the efficiency of international sanctions

The article permits states to resort to non military measures in dealing with a state that has gone against an international norm. Sanctions can be economical, political, religious or even moral. But the Charter in itself cannot lay out the legal nature of international sanctions. The legal nature of international sanctions can only be understood by first analyzing the concept and nature of international law. If any discussion concludes that international law has all attributes pertaining to domestic law, like the ability to inflict punishment, it follows then that international sanctions have the ability to pass through the wall of sovereignty. It has been said that international law cannot be a legal system because it lacks a legislature, judiciary or any recognized policy making body and authority that may enforce sanctions (Hart 2012). Sanctions need to have a legal backing and if Hart’s definition of international law is followed, then the only conclusion is that imposition of sanctions lacks the backing of any law. Although Hart’s definition of international law has certain loopholes, his general observance of sanctions as part and parcel of international law cannot be ignored in answering whether sanctions are actually legal. For instance, when sanctions are imposed upon a powerful state like Russia, it often responds in kind by toughening up on what the sanctions were aimed to curtail or by occupying another country. If sanctions had a legal backing Russia could simply be dragged into an international court and found guilty of breaking a law. Further, if sanctions have any legal basis, it would be easier for small powers to impose sanctions against big powers that engage in the unlawful invasion because it would simply be a matter of looking at procedural rules and concluding that a certain state needs to face sanctions. But as matters stand, only