Legal and institutional mechanisms for the implementation of international sanctions
Автор: Kuzmina Violetta M., Pankova Kristina O.
Журнал: Историческая и социально-образовательная мысль @hist-edu
Рубрика: Социальная структура, социальные институты и процессы
Статья в выпуске: 3 т.11, 2019 года.
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Introduction. The relevance of the study of sanctions as a tool of US foreign policy lies in the fact that today sanctions have become so rapid that they have become one of the most important mechanisms in modern international relations. The relevance of this study is confirmed by the fact that taking a strong place in the foreign policy of many countries and international organizations, sanctions have become an alternative or addition to the use of force to force individual states to fulfill the political demands of the countries initiating sanctions. In the context of globalization of the world economy, the process of intensification of the application of sanctions policies by individual states is taking place in order to increase its role in the international arena. Given that today sanctions are the leading instrument of foreign policy and are considered as a compromise response to undesirable actions of a particular state, it is necessary to consider the legal and institutional framework for their implementation. Materials and methods. As the materials of the study were taken data presented in both monographic studies and journalistic articles of domestic, but to a greater extent foreign experts in the field of international law and the General modern history. The article is written on the basis of an international legal analysis of the articles of the UN Charter, resolutions of the UN Security Council, as well as a detailed historical and comparative analysis of the legal framework for the application of EU sanctions, the United States, RF and Canada. Results. The results of the study showed that sanctions international legal relations are based on the Charter of the United Nations (Article 39 and 44), and are implemented through the resolutions of the UN Security Council. Having identified a threat to peace or international security, the UN Security Council has the right, on the basis of a collectively adopted decision, to attract the offending object to international responsibility, that is, to impose sanctions measures against it. At the disposal of the UN Security Council there are special sanctions committees that are engaged in the implementation of sanctions policy. Conclusions. Today the UN has a streamlined legal and institutional mechanism for the implementation of international sanctions. If we consider the sanctions imposed by individual states, in most cases the mechanism of introducing the same, as a rule, decision on the adoption of sanctions is entrusted to the president and the executive authorities. In addition, each state in the issue of the introduction of restrictive measures is repelled by its national legislation. Sanctions as an instrument of American government influence have undergone major changes. Their effectiveness has increased significantly over the past twenty years, so the United States aims to continue to provide a solid foundation for the effectiveness of the sanctions policy for many years.
Sanctions, sanctions regime, unilateral sanctions, international sanctions, mechanism for implementing sanctions, usa, eu, rf, canada
Короткий адрес: https://sciup.org/149124971
IDR: 149124971 | DOI: 10.17748/2075-9908-2019-11-3-96-112