SANCTIONS IN THE INTERNATIONAL PUBLIC LAW

Dumitriþa Florea () and Natalia Chirtoacã ()
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Dumitriþa Florea: University "Stefan cel Mare" Suceava, Romania, Faculty of Economics and Public Administration
Natalia Chirtoacã: Academy of Sciences of Moldova, Institute of History, State and Law, Chiºinãu, Republic of Moldova

The USV Annals of Economics and Public Administration, 2013, vol. 13, issue 1(17), 264-272

Abstract: Sanctions are coercive measures taken against a state which has committed an international illegal act or has seriously breached an international rule or obligation, by a state or a group of states or decided by an international organization. The sanctions and countermeasures are a form of coercion for the guilty state. Constraint is traditionally regarded as one of the leading problems in the international law. With reference to the lack of a centralized apparatus of coercion, many thinkers denied the legal nature of the liability law, giving it the character of a positive moral. In fact, coercion plays an important role in the functioning of international law and is one of the characteristic features of the operating mechanism. Constraint as part of the method of operation of the international law is not a violation, but a means of achieving the right. The basic element of coercion is legality, including in terms of foundation, method and volume. Constraint is primarily determined by the goals and principles of international law. Countermeasures are limited by the temporary failure on the part of the injured state towards the guilty state and they are considered legal until they have reached their purpose. They should be applied in such a way to allow restoration of the application of the violated obligations. This rule relates to the 1969 Vienna Convention on the law of treaties, according to which "during the period of suspension, the parties shall refrain from any acts which would tend to prevent the resumption of the treaty"[1].

Date: 2013
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