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On The Application Of Anti-terrorism Economic Sanctions Measures In Relevant UN Security Council Resolutions

Posted on:2019-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:C M XuFull Text:PDF
GTID:2416330566995415Subject:Law
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After the September 11 attacks,in the face of the new international security situation,the United Nations immediately made relevant resolutions,looking forward to calling on the whole world to fight against terrorism from various aspects,such as law,organization,coordination and sanctions.Since the 1940 s,economic sanctions have become an important part of collective security mechanism in United Nations Charter.Because of the explicit prohibition of the use of force of the international law,since the 1990 s,economic sanctions have become an important tool for the United Nations to deal with the international problems.Resolutions of the United Nations Security Council are made according to the aim of United Nations Charter,and economic sanction is one of the coercive measures set out in relevant resolutions.The UNSC formulates and executes economic sanctions in strict compliance with international law.As a kind of coercive measure,the United Nations economic sanctions' main purpose is to force object of sanctions to change its policy or action by exerting necessary pressure in the economic field.This paper is mainly divided into five parts.The first part is the introduction,which mainly narrates the background of this selected topic and the domestic and international research status of anti-terrorism economic sanctions,and distinguishes economic sanctions from related concepts,such as financial sanctions,trade retaliation and export control policy.The second part mainly explains the meaning of economic sanctions,and classifies them by broad sense,narrow sense,the field of economy and politics,scope and contents.Economic sanctions can force sanctioned countries to change their terrorist acts.Because sanctioned countries carried out terrorist acts,the UNSC impose economic sanctions through resolution to cut off the terrorist group's economic energy and fight against terrorism,the aim of which is to punish sanctioned countries.Meanwhile,economic sanctions deter potential countries,making decision-makers give up the decisions which are not conducive to world peace.This part also introduces the four legal basis of the UNSC's anti-terrorism economic sanctions.The third part starts with the legal validity of the UNSC's resolutions,taking UNSC Resolution 1373 as example to explore law-making function of the UNSC resolutions and the effect of anti-terrorism economic sanctions.This part also explains the legitimacy of UNSC resolutions' law-making function and whether resolutions have legal binding force and potency.The fourth part takes the main execution countries as examples,including the United States and the European Union,to study country practices in anti-terrorism economic sanctions and their consequences.According to the researches of sanctions on the several major terrorist countries,we can learn about some rules about economic sanction in international laws and specific conditions of economic sanctions' enablement and dissolution.The fifth part makes specific analysis of the negative effects of the existing economic sanctions' defects.Although economic sanction plays an active role in preventing and fighting terrorism,it still exposes a lot of problems in the process of implementation,for example,it may burden the economy of sanctioning countries,cause humanitarian disasters,and become the tool for some countries to intervene other countries' domestic and foreign affairs.So people start to rethink the limitations of the use of economic sanctions as the tool to fight against terrorism,put forward some countermeasures specifically,reduce impacts on other aspects,and promote the development of international rule of law without affecting the enthusiasm of fighting terrorism.
Keywords/Search Tags:International Law, UN Security Council Resolutions, Economic Sanctions, Anti-terrorism
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