Studies On The Legal Problems Of Unilateral Economic Sanctions

After the Cold War,certain countries frequently conduct the targeted unilaterally economic sanctions(hereinafter “UES”).Therefore,such sanctions came into controversial,attracting numerous scholars' attention.Political scholars emphasize on the effectiveness of UES in the political contest,economists focus on the impact under economy,and the legal professors concern about the legitimacy and the adjustment of international law.Under the international law,the implementation of UES owns a strong subjectivity.It does compensate the lacking of international law enforcement mechanism.However,it forms a more tensive relationship between the principle of sovereignty and other international law rules.With respect to UES,the practice and theory of international law still have a comparatively great potentiality.Within the contemporary international law,we can completely compare and fully study the connotation and extension of UES,and seek to the common characteristics,rules and trends of the establishment,operation and development of corresponding legal system.And this should become a significant section of the study on international law.It can also provide supportive proposals and theoretical research results for constructing Chinese foreign regime in unilateral economic sanctions.Based upon the abovementioned,there would be a great foundation of establishing local rules,which are in line with both international rules and Chinese economic strength and international status.This dissertation is based on literature review,comparative study and case analysis.Further,it also focuses on the internationally fundamental principles,deeply analyzing the UES on the basis of its practices and theory.Compared with the other concepts in international law,namely "self-assistance","retaliation" and "counter-measures",UES has a lower threshold and but a stronger unilaterally subjective judgment,which causes relative practical problems like the tentative abuse of rights.Under the complicated internationally social relations,the secondary sanctions,the third sanctions,extraterritorially economic sanctions and other concepts gradually came into being.Gently,UES is no longer a "one to one" behavior model.Instead,it will directly or indirectly affect the other countries.UES is highly subjective.Initiating UES thus requires a higher level of restraints and skills,to ensure its appropriate usage.Legal action must be based on legitimacy.The legitimacy of UES includes "reasonableness" and "consistency with the laws",i.e.it needs to fulfill the norms of international law,and further the circumstances must be justified.Only in these cases can it be accepted and recognized by the international community.In the practice of enforcement,nowadays UES is changing from thorough sanctions to smart sanctions,which are no longer targeted at a whole country.Instead,it only aims at the specific sections.Consequently,the key,conditions and procedures of the international judicial review of UES must be improved accorded to the basic principles of international law and the practices under international judicial review.And it should spare no efforts to facilitate the full recognition of UES'legitimacy throughout international community.However,with theanalysis of the practice and case of unilateral economic sanctions in the international community,the current international law still lacks a more effective control mechanism for unilateral economic sanctions.It is necessary for China,a responsible state,to actively joining,guiding,constructing a benign UES system.From the view of domestic affairs,there should be the arrangements by the State Council,the specific implementation of the UES by relative departments.Furthermore,it is important to emphasize the moral impact of UES,to reduce the joint impact on non-target countries,and to coordinate foreign policies,and to finally achieve the combination of UES.Regarding the international community,China should continuously serve as a good member of international community,to use international law and the internationally common interests as a standard and to guide the UES system in an orderly development.