The Journal of Human Rights

The Journal of Human Rights

Legal Analysis of the Compliance of Economic Countermeasures with Human Rights: Economic Sanctions and Access to Food and Medicine

Document Type : Research Article

Authors
1 Assistant Prof., Department of Law, Tehran University. Iran
2 PhD Candidate- University of Montreal, Faculty of Law. Canada
Abstract
The increasing global interdependencies associated with the flow of goods and services and the corresponding direct/indirect reliance of individual economies on each other has made unilateral economic countermeasures an attractive and powerful policy-imposing instrument. It is, at the same time, a potentially devastating solution for the populations of the targeted country. The phenomenon is made worse by the increase in the scope of economic sanctions together with their broad extraterritorial implementation. This raises questions about their intersection with human rights and the limits to which embargos should extend in order to punish the wrongful deeds of a target country.

The protection of human rights as a customary norm of international law is beginning to create a major debate on the effects of implementing economic countermeasures. The negative consequences of such countermeasures should be seen as a matter of concern for the international community as reflected in Article 50 (b) of the “Responsibility of States for Internationally Wrongful Acts” which insists on the protection of fundamental human rights as an obligation for the states when taking countermeasures. The traditional inter-state focus of counter-measures as a way of responding to illicit acts should increasingly take into account their impact on actual populations.
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  1. A) Books and Articles

    1. Elliott, Kimberly Ann et al. (2008). The Concise Encyclopedia of Economic SanctionsWashington, D.C: Peterson Institute for International Economics.
    2. Garfield, Richard, et al. (1995 winter). The Health Impact of Economic Sanctions, New York: Bulletin of the New York Academy of Medicine, No. 72.
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    4. Hahn, Michael (1991). “Vital Interests and the Law of GATT: An Analysis of GATT.’s Security Exception”, Michigan Journal of International Law, Vol. 12, Issue. 3, pp. 558-620.
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    6. Kaempfer, William H. & Lowenberg, Anton D (2007). “The Political Economy of Economic Sanctions”, Chapter 27 in: Handbook of Defense Economics, Vol. 2, pp. 867-911 from Elsevier.
    7. Kozhanov, Nikolay A (2011). “US Economic Sanctions against Iran: Undermined by External Factors”, Middle East Policy, Vol. 18, No. 3, Pages 144-160.
    8. Lowendfeld, Andreas F (2003). International Economic Law, Oxford: Oxford University Press.
    9. Reisman, W. Michael & Stevick, Douglas L. (1998). “The Applicability of International Law Standards to United Nations Economic Sanctions Programmes”, European Journal of International Law, No. 9, pp. 86-141.
    10. Shahbazi, Aramesh (2012). “Validity of Treaty of Amity (1955) and the ability to cite it in the relations between Iran and the United States”, Journal of International Law, Vol.13, No. 11, P.71.
    11. Smith, M. Shane (2004). Sanctions: Diplomatic Tool, or Warfare by Other Means, Beyond Intractability, Boulder: Conflict Resolution Consortium, Colorado: University of Colorado.
    12. Walde, Thomas W (2001). “Managing the Risk of Sanctions in the Global Oil & (and) Gas Industry: Corporate Response under Political, Legal and Commercial Pressures”, Texas International Law Journal, No. 36.
    13. Wallensteen, Peter (2000). “A Century of Economic Sanctions: A Field Revisited”, Uppsala Peace Research Papers, No. 1.
    14. Zwi A, Macree J (1993). “Food as an instrument of war in contemporary African famines: a review of the evidence”, Disasters, Vol. 16, No. 4, pp. 299-321.

     

    B) Documents

    1. (Sixty-Eighth General Assembly Plenary, 38th & 39th Meetings, GA/11445/ 29 Oct. 2013.
    2. Council Regulation (EU) No 961/2010, 25 October 2010, on restrictive measures against Iran and repealing Regulation (EC) No 423/2007
    3. Draft Articles on Responsibility of States for Internationally Wrongful Acts (A/56/10).
    4. “Maastricht Principles on Extraterritorial Obligation on Social and Economic Rights”
    5. International Covenant on Economic, Social and Cultural Rights (ICESCR)
    6. CESCR, G.C. 14, E/C.12/2000/4, para.3
    7. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts (Protocol I).
    8. ICESCR, Article 1, para.2; ICCPR, Article 1, para.2
    9. Means of reparation: restitution, compensation and satisfaction; Articles on State Responsibility (2001).
    10. Voluntary Guideline.
    11. WHO Model List of Essential Drugs
    12. Nicaragua v. United States of America, (International Court of Justice, 27 June 1986).
    13. bank mellat v. her majesty’s treasury, ((no 2): sc 19 jun 2013).

     

    C) Websites

    1. The Eren Law Firm, Economic and Financial Sanctions Practice, http://www.erenlaw.com/pdfs/pb_economic_sanctions-defined.pdf (2005-2006).
    2. BURCI, GLAN LUCA (1998). Legal Aspects of UN Economic Sanctions, http://www.lcil.cam.ac.uk/sites/default/files/lcil/documents/papers/burci.pdf.
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