The Legality of Unilateral Coercive Measures Within a Normative Framework - The Four-Step Verification Method (Legal Ground, Limitation, Termination and Surveillance)
Promovendus: Dhr. H.K. Özkonak
Promotores: Prof.Dr. C.M. Ryngaert, M. Kanetake
Duur: 15/3/2020 - 14/3/2024
In modern international law, both the centralized (multilateral and bilateral sanctions) and the decentralized (autonomous sanctions) mechanisms could be used as non-forcible enforcement instruments to enforce the laws and regulations. However, although multilateral (UN sanctions) and bilateral (such as institutional sanctions like the EU sanctions) are clearly regulated within the UN Charter or within the constituent instrument of the international organizations, the legal framework of autonomous sanctions remains relatively underdeveloped, except countermeasures. In this unclear area, the sanctioning States and/or international organizations (States/IOs) have started to invoke unilateral coercive sanctions by depending on the Lotus principle. However, such State practice of UCM has been criticized by the targeted States/IOs for violating human rights and the principle of non-intervention. Hence, to determine the legality of UCM in the unclear area of international law, it is necessary to create a separate legal regime allowing the use of UCM in a way that is compatible with international legal order. This dissertation thus aims to create such a regime by establishing a new legal test, i.e., the four-step verification method (justification, limitation, termination and surveillance). While justification and limitation steps would make UCM to comply with certain international obligations (like jus cogens, human rights), termination and surveillance steps would check the continuity of such compliance throughout the use of UCM.