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Research On The International Legitimacy Of Economic Sanctions

Posted on:2021-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:C H WangFull Text:PDF
GTID:2436330647457748Subject:Law
Abstract/Summary:PDF Full Text Request
As a non-military coercive measure,economic sanctions are widely used to solve international disputes,safeguard national security and realize national political and foreign policies.Economic sanctions is a kind of economic coercion,whose main purpose is to force other countries to change certain policies through political or legal means.For all intents and purposes,the use of economic sanctions reflects a strong practical characteristics.The traditional view holds that self-limited economic coercive measures do not violate the provisions of international law,With the frequent use of economic sanctions in the international community and its negative effects.Researchers in many countries began to question the legitimacy of economic sanctions.With the deepening of Chinese "going out" strategy,Chinese trade exchanges have made a big process.More and more Chinese enterprises suffer from western countries' economic sanctions.The main body of this paper has four parts.The first part mainly discusses the basic theory of economic sanctions,including the connotation and development process of economic sanctions,theories and theories on its legitimacy in the international community,and the basis for different sanctions subjects to implement economic sanctions.The second part mainly analyzes the legality of the specific implementation of economic sanctions,mainly including the following ways: UN economic sanctions,unilateral economic sanctions,secondary sanctions and smart sanctions.Different ways of implementing economic sanctions have different legal conclusions.The third part mainly discusses the challenges to the legality of economic sanctions and analyzes the conflicts between economic sanctions and some international principles.Economic sanctions should also follow some principles of international law in the process of implementation.The fourth part is mainly based on the above part of the analysis of the economic sanctions,from the international law view,we should make efforts to economic sanctions and points out China's response to the economic sanctions.As can be seen from the above research,economic sanctions are a continuous activity.The discussion on the international legality of economic sanctions should be evaluated according to different stages of economic sanctions.From the initiation of the cause,the implementation of the main body,the initiation of the process and in the process of the implementation of consequences should be considered.But in general,economic sanctions have international legitimacy only when they are applied inaccordance with the principle of proportionality and without the consequences of a humanitarian crisis,As a permanent member of the UN security council,China has a special mission to safeguard international peace and development.We should actively participate in and contribute to the establishment of a reasonable international sanctions regime.In the construction of the system,we should take international law and the international interests as the standard,and actively promote the improvement of economic sanctions measures,so as to ensure the legal and orderly development of economic sanctions.In specific ways,we should adhere the peaceful measure to settle disputes and use economic sanctions prudently.At the same time,on the premise of achieving broad consensus among all countries,and on the basis of respecting and effectively safeguarding the leading role of United Nations,it is necessary to set rational goals and carefully choose sanctions so as to achieve precise force,strike precisely and avoid humanitarian crisis.
Keywords/Search Tags:economic sanctions, legitimacy, humanism
PDF Full Text Request
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