Enforceability & Effectiveness Of Sanctions

Kartikay Singhal, Jindal Global Law School

Introduction

Imposition of sanctions are done by either the United Nations (hereinafter referred to as UN) or countries individually or a group of countries together. Sanctions are considered as an alternative to direct military actions to avoid military action which would result in death and destruction because it is seen a more diplomatic and peaceful means of exerting pressure on the sanctioned country. Moreover, direct military conflict is becoming more and more unsustainable since the creation of nuclear weapons as launching of nuclear fire power would lead to mutually assured destruction as it would lead to nuclear winter and may even result in the complete end of life on earth. Hence, sanctions are seen as the go-to method to make the sanctioned countries conform to international norms and laws.

The aim of these sanctions is to prevent certain countries to indirectly influence or pressure the countries that are violating UN recognized norms relating to Human rights norms, diplomatic norms, etc., to stop the sanctioned actions and take measures to comply with the international laws or norms. Sanctions work by imposing restrictions like travel bans, assets freeze, arms embargoes, trade restrictions import of goods and services which include oil, energy, technology, etc., which aim to economically weaken the sanctioned country by way of these economic restrictions. Moreover, the stricter the violation is considered, the stricter the sanctions are imposed, the more crippled the economy of the country would be, especially, if the sanctions are UN approved.