Unilateral sanctions: kind and degree; long-arm and strong-arm jurisdiction; real intent and “could-be” intent1

Sienho Yee

Chapter 11 in A Research Agenda for Global Power Shifts and International Economic Law, 2025, pp 273-284 from Edward Elgar Publishing

Abstract: This chapter sketches out a normal analysis of unilateral sanctions within the framework of public international law. This consists of three steps: first, whether the sanctions measures are authorized or prohibited or not as unilateral sanctions, or as a course of conduct under a different name; second, whether they may be legitimately couched as another kind of lawful action, almost or apparently as a kind of “defense”; and third, whether unilateral sanctions in any category are prohibited or not collaterally by some special legal regimes. In each step, there is a question of kind as well as a question of degree. The jurisdictional regime may be of importance in the analysis. Sometimes the assertion of the so-called “long-arm” jurisdiction to justify a measure is so weak and so oppressive at once that it is better called “strong-arm jurisdiction.” In any event, a possible jurisdictional justification does not for this reason alone make a sanctions measure lawful. At each step, the real intent behind the measure at issue settles the question of “kind” and should be carefully identified. The particular real intent, which is unique, qualifies that act as a unique international act. This would debunk the argument that the intent involved in a sanctions measure also “could be” the one required for treating it as a lawful measure, such as a countermeasure. Conflict of norms, level of scrutiny, or standard of review may play an important role.

Keywords: Unilateral sanctions; Unlawful intervention; Kind and degree; Intent; Strong-armed jurisdiction; Countermeasures (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035311491
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