Please use this identifier to cite or link to this item: http://hdl.handle.net/1946/351
Throughout the post Cold War era, the United Nations Security Council has had a tremendous impact on the political and legal development of the international community, and reshaped its own role and function as well as the public discourse and perception of the United Nations as a whole. Economic sanctions are the instrument that during this era has frequently been resorted to, in order to enforce international norms.
This thesis addresses the legality and legitimacy of the Security Council when designing and imposing economic sanctions under Article 41 of the UN Charter, thus involving both the legal and political aspects. The intention is to demonstrate the necessity of this powerful tool in international relations but at the same time show that it cannot be used completely at the discretion of the Security Council as some maintain. The Council’s sanctions policy is a system that constantly shifts between politics and law, largely because of the powers of the permanent members. However, when the role and power of the Council within the United Nations´ framework is examined, it becomes clear that the Council is first and foremost constrained by the purposes and principles of the Charter, albeit in a limited way, and therefore economic sanctions on the international plane will rarely lack legality. On the other hand, the legitimacy has been debated in some cases. The thesis purports to show, that even if the Council is empowered with considerable discretion in this regard, the consistent consensus on international law by state’s, forces it to take into account the various aspects of international law to maintain its credibility and third state’s compliance with the measures, and that the right balance between politics and law is yet to be reached.
|ecosanctions.pdf||511.5 kB||Members||Economic sanctions of the United Nations Security Council - heild|
|ecosanctions_e.pdf||146.17 kB||Open||Economic sanctions of the United Nations Security Council - efnisyfirlit||View/Open|
|ecosanctions_h.pdf||178.87 kB||Open||Economic sanctions of the United Nations Security Council - heimildaskrá||View/Open|