National Implementation Of United Nations Sanctions

There is no doubt that the emergence and development of modern internationalorganizations contributed enormously to the enforcement of international law. It is nownot only a collective, but also a centralized mechanism. As the most authoritativeinternational organization, the United Nations designed its implementation of theresolution through strictly compliance mechanisms, greatly strengthened internationallaw enforcement measures in the traditional sense. The sanctions employed by the UNSecurity Council to enforce its decisions are important means.United Nations sanctions regime has been deployed widely through dozens ofcountries, including a comprehensive economic and trade sanctions, or more specificsanctions such as arms embargoes, travel bans, financial or diplomatic restrictions. Butregardless of the types of the sanction, it has to face implementation issues in thedomestic area.In spite of the introduction and conclusion, the main part of this paper is dividedinto four chapters.Introduction begins with brief history of the very origin of the UN Sanctions,describes the research background and significance of proposed research focus in thispaper, and the status of domestic and international academic research; and thesis researchideas and research methods explanations.Chapter I focus on the legal nature of the UN sanctions, as well as its evolution andthe challenges. Based on a realistic view of today’s international community, theeconomic development of deep-seated problems caused by the outbreak of the pent-upsocial contradictions, is making the international community gradually split: whether thebypassing of multilateral international mechanism of unilateralism countries to takeaction, or the EU debt crisis triggered by the "de-organized" the tendency. Although theUN "targeted sanctions" and "Kimberley Process" on the sanctions of a larger reform, atdomestic implementation level, it still facing the danger of fragmentation.Chapter II focus on the establishment of a theoretical framework for domesticimplementation of UN sanctions to conduct a preliminary exploration. Although manycountries make clear the relationship between international law and domestic law, very few provide the appropriate provisions on the implementation of the UN sanctions. Evenin the countries taking the primacy of international law, whether the sanctions can beimplemented directly in their countries is still uncertain. In addition, a number of nationaland regional courts claimed judicial review on the domestic implementation of laws,even the sanctions themselves. Therefore, from the perspective of theoreticalconstruction, the implementation issues of UN sanctions, de facto contains three aspects,namely, the theoretical framework, the effectiveness of domestic implementation, and theconflict of laws.Chapter III investigates national legal systems from an empirical point of view,about how the United Nations sanctions implemented in the domestic plane. Generally,three patterns of implantation have been found from the empirical study: through theframework of “enabling legislation” to transfer the power from the legislative branch tothe executive branch; through present legal systems, without “enabling legislation”, norspecial legislation; and through special legislation.Chapter IV analyzes the patterns and practices of China’s legislative conduct. On theone hand, there are considerable gaps in China’s domestic legal system, concerning therelationship between international law and domestic law. No constitutional provisionswere taken to clarify the issue, but scattered in various ordinary laws. On the otherhand, the practice of implementing UN sanctions often through the Ministry of ForeignAffairs’ notification letters, and administrative documents in the form of a generaldeclaration of the implementation of United Nations sanctions. Even in some sensitivesectors, such as customs and financial branches, the implementation means of UnitedNations sanctions are still administrative normative documents, rather than legal means.The concluding section summarizes the main discourse described on the above, andfurther emphasizes the construction of the legal system implementing UN sanctions inChina.