Essay on Definition And Legal Nature Of International Sanctions

Essay on Definition And Legal Nature Of International Sanctions

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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 amid very many controversies.
The Concept of International Sanctions International
Sanctions are the measures that lie between the extremes of failed diplomacy or war and soft power approach. They are the final act of showing disapproval of a particular nation’s conduct when military action is not an option or when the soft power approach has either failed or cannot yield desired outcomes. International sanctions entail the participation of the international community which basically includes members of the United Nations. As such, it is generally expected that every nation will observe the sanctions imposed against another nation. The expectation that all member states will observe the pronounced sanctions against a particular state is the point at which international sanctions often suffer the first setback. This is because national interests of some states may automatically clash with the terms that are essential in ensuring the successful enforcement of the sanctions. To most quarters,...


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...tain state needs to face sanctions. But as matters stand, only weak states often face sanctions. The legal nature of international sanctions is therefore filled with controversy and if any, procedural rules do exist, then it is only for the benefit of a few big powers within the United Nations.
Conclusion
The concept and legal nature of international sanctions entails many controversies and questions as evidenced from the foregoing discussion. The concept of international sanctions relies heavily on each state participation and drags even the unwilling in the attempt to enforce the views of a few member states. On the other hand it is a legitimate question as to whether or not the legal nature of international sanctions can boast of any sound legal backing in the domestic or international sphere. Policy makers must now begin to reflect on this state of affairs.




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