Study On The Domestic Implementation Mechanism Of The Sanctions Of The Security Council

The sanctions measures employed by the UN Security Council are an important means to enforce its decisions.The Security Council(SC)can take actions to maintain or restore international peace and security under Chapter VII of the UN Charter.Sanctions measures,under Article 41,encompass a broad range of enforcement options that do not involve the use of armed force.The whole Members of the UN have the obligations to carry out the decisions of the Security Council which legal nature is between International condemnation and resort to force.Since1966,Security Council has already take sanctions measures which have ranged from comprehensive economic and trade sanctions to more targeted measures to dozens of countries such as arms embargoes,travel bans,and financial or commodity restrictions.The Security Council truly plays an important role in supporting peaceful transitions,deterring non-constitutional changes,constraining terrorism,protecting human rights and promote non-proliferation though applying sanctions measures.The law will not be enforced by itself.How to ensure the effective compliance of Security Council sanctions measures has always been a matter of concern to the international community.In spite of the introduction and conclusion,the main part of this dissertation is divided into six chapters.Chapter ?: the dissertation summarizes the connotation and evolution of Security Council sanctions measures.Though sorting out the provisions related to Security Council sanctions under Chapter VII of the UN Charter and analyzing the quality of Security Council sanctions which are both political nature and legal nature,the implementation system and development trend of Security Council sanctions at the international level are summarized.This part summarizes the implementation system and development trend of Security Council sanctions.After that the dissertation emphasizes that although the sanctions mechanism of Security Council will encounter multiple challenges and reform predicaments,it's also the most rational choice made by the international community for maintain or restore international peace and security.Chapter ?: the dissertation takes a preliminary exploration to establish a theoretical framework for domestic implementation of Security Council sanctions.Through the discussion of the relationship between international law and the domestic law and analysis of the legal validity of the Security Council sanctions and the legal binding force of different provisions in the resolution,it lays a theoretical foundation for the whole countries to implement the sanctions measures.The dissertation point out that the reason why member states have the obligation to implement the Security Council sanctions measures can be attributed to the common compliance with the relevant sanctions provisions of the UN charter rather than the implementation of the derived Security Council documents.The effective implementation of sanctions measures mostly depends on the willingness of member states and their objective ability.Chapter ?: the dissertation examines the main modes of domestic implementation of Security Council sanctions.The dissertation emphasizes that how to implement the sanctions measures is within the scope of member states sovereignty.Based on the empirical analysis and comparative study,it can be seen that developed countries and developing countries have different implementation paths,and even between developed countries,such as the United States and Japan,they also adopt completely opposite models: though the mechanism of “Prior Enabling Legislation ”to transfer the rule-making power from the legislative branch to chief executive;though pre-existing legislation not designed for sanctions legislation to enforce traditional sanctions;in addition,some Eastern Europe counties tend to adopt Ad hoc legislation in response to specific sanctions resolutions or situations;In two-level jurisdiction mechanism between member states and regional organizations,states also have the right to formulate measures parallel to regional regulations.Chapter ?: Based on the above-mentioned analysis,the dissertation presents analyzes the difficulties and challenges in the domestic implementation of the Security Council sanctions resolution.That is,after a huge number of "law-making " sanctions resolutions were emerged,the Security Council gradually breaks its traditional functions and triggers its own legitimacy crisis.In addition,member states are also encountered with the problem of resolving the conflict between Security Council obligations and domestic law obligations.Thereby triggering a wave of judicial review of the Security Council sanctions resolution form Domestic judicial organs;Different countries' different implementation paths lead to the fragmentation trend in the implementation of Security Council sanctions.Chapter ? and chapter ? :the dissertation introduces the current situation and practice of China in the field of implementing Security Council sanctions.At present,the operating mechanism and practice is an indirectly mode through the administrative transmission system to implement the Security Council sanctions measures At the same time,the dissertation expounds the deficiencies of the current mechanism,such as the unclear status of sanctions resolution,unclear nature of notification documents and transmission system itself is unstable,the dissertation puts forward countermeasures to improve the current operating mechanism and attempt to build a legal system suitable for its own implementation.The concluding part summarizes the views of the whole dissertation.It stresses that through the theoretical analysis and empirical investigation of the domestic implementation mechanism of the Security Council sanctions,it can be seen that if we only rely on a fixed mechanism to implement the sanctions measures,it cannot fully predict and cover the changes and development of the sanctions itself.On the basis of the existing operational mechanism,China should give full play to the advantages of efficient and rapid administrative channels,then absorb the advantages of other countries' implementation mechanisms,in order to establish its own specialized sanctions implementation system.