The Implementation Of Security Council Sanctions Resolution In China

Since the end of the Cold War,the UN Security Council constantly makes sanctions resolutions to maintain international peace and security.On the basis of Chapter 7 of the UN Charter,the Security Council imposes sanctions in the form of decisions.As long as the resolutions are in accordance with the Charter,any member of the United Nations is obliged to implement these resolutions.This article revolves around the question of how China should implement Security Council sanctions resolutions.There are four sections to discuss this issue.In the first part,we will first discuss the effectiveness of the Security Council's sanctions resolutions,including the definition of sanctions resolutions,the international legal basis of the national implementation of the resolutions,the legal nature of the resolutions,and the development trend of the resolution and the Security Council's oversight over the implementation of the resolutions.This article argues that since the member states' have to implement the resolutions of the UN security council is an obligation which comes from the "UN Charter," so even if the resolutions are political,the nature of them still belongs to legal resolutions and Member States have the obligation to implement the resolutions in accordance with treaties and customary international law.In recent years,the security council's sanctions resolutions are characterized as the increasing of the number of sanctions,the increasing of the methods of sanctions and the increasing of the targets of sanctions.Under such circumstances,China needs to make changes to adapt to such changes.In the second part,this article introduces the three main existing ways of implement the Security Council sanctions resolutions in the world,namely "Framework Legislative Mechanism","Existing Legislation Mechanism" and "Special Legislation Mechanism".Fundamentally,there are two differences between the three approaches.First,the body of legislation is different.Although these three methods all translate the contents of sanctions resolutions into domestic laws,while some are translated into laws by the legislature,while others are converted into administrative decrees and administrative orders and decisions by administrative organs.Second,the forms of the law is different.Some are rooted in a unified framed law,and then,the administrative agencies will turning them into specific administrative rules and orders;Some are scattered among specific laws,either as existing clauses in the law or as new laws enacted by the legislature.In the third part,this article introduces the situation about China's implementation of Security Council sanctions resolutions.At present,China adopts an executive-led way to implement the sanctions resolutions.This method is no doubt very highly effective,but on the other hand,it has some legitimacy issues,mainly manifested in the legal validity of the administrative letter issued by the Ministry of Foreign Affairs is lower than the basic law,however,the resolutions which be implemented on the basis of these administrative letters always related to the restriction of basic human rights which are protected by Chinese constitution and law.In the fourth part,based on the first three parts,we will try to provide some suggestions for the implementation of the decisions of the Security Council in our country.