The themes of this volume, unilateral sanctions and international law, are very
important issues of contemporary international relations. These are very much
live issues: they are not abstract, and they are certainly not esoteric. When sanctions
are imposed, they are intended to have an impact; their purpose is coercive
and sometimes punitive. Therefore, the issue of unilateral sanctions is not abstract,
although as a concept it may be considered so.
It is my presumption that most readers of this volume believe that relations
between States must be regulated and must be based on international law. Respect
for international law or the principles of international law is the sine qua non for
international relations.
Unilateral sanctions, on the other hand, involve, as implied, a measure of unilateralism
as well as a measure of coercion. Accordingly, tension exists between
the concepts of unilateral sanctions and international law. Are these two concepts
reconcilable? Can the tension that exists between them be resolved?
Unilateral sanctions are coercive measures taken or imposed by one State to
punish another State and can take various forms, such as reprisals, retorsion, private
justice, self-help, use of force, and third-party justice. I am not suggesting that
all these categories are one and the same, but there is, in my view, a common element
among them. The common element present in all these different categories is
that of coercion or demand for compliance and the act of unilateralism.
Unilateral sanctions, at first sight, might seem to challenge the principle of state
sovereignty and that of the rule of law. Accordingly, unilateral sanctions could be considered
as a challenge to the existing international legal order which is anchored in the
UN Charter, according to which sanctions are to be imposed by the UNSC, following
a determination that there is a threat to or a breach of international peace and security.
As opposed to the multilateral process of UNSC action, unilateral sanctions
involve only one State making the determination that there has been a violation of
international law or a breach of an international obligation.