Sanctions and Threats from the View of Jurisprudence Rules and International Law

Document Type : Original Article

Author

M.A. International Law, University of Isfahan.

Abstract

Sanction, is a planned action by one or more state by different ways for different purposes. Economic is the most important of sanctions, often applied as an alternative to war. Sanctions are divided into, National and internal sanction, governmental and sanctions by the United Nation. So the concept of sanction, legitimacy and illegitimacy of it, and Damatov well as the Act of Iran sanction and whether the law is in conflict with the principle of sovereign equality? will be discussed. It can be argued that if economic sanctions are causing human suffering the sanctions are not justified from the perspective of international law. The author then discusses the issue of economic coercion and the principle of non-intervention. Finally the result obtained that, sanctions in contrast with nafye sabil as a religious base and article 4(2) of the UN Charter, as customary international rule. So you should behave consciously against threats.

Keywords


Alikhani, Husain (2001). “Iran sanctions, a policy failure”, Tehran, Office of International and Political Studies. (In Persian)
Beigzade, Ebrahim (2000). “Nongovernmental organizations and International Law”, Journal of Legal Studies, No 31, 32. (In Persian)
Berkeshli, Fereidon (1996). “International sanctions of America and the Third World”, Rahbourd Publication, No 12. (In Persian)
Bojnordi, Seyed Hasan (1998). “Rules of Jurisprudence”, Iran, Qom: Publication of Alhadi.
Brownlie, Ian (1990). “Principles of Public International Law, Clarendon Press”, Oxford, Fourth Edition.
Elagab, Omar Yosef (1992). “Coercive Economic Measvres Against Developing Countries”.
Fayuzi, Reza (1973). “International responsibility and political theory”, Tehran, International Centre for Publishing Studies. (In Persian)
Galtung, john (1967). “On the Effects of International Economic Sanctions”, World Politics.
Glossop, peter (1997). “Recent US Trade Restrictions Affecting Cuba, Iran and Libya, A View from Outside the Us, 5 J of Energy and Natural Resources”.
Graves, Charles Tait (1998). .”Extraterritoriality and its Limits, the Iran and Libya Sanction Act of 1996”.
Griffin Joseph p. and Michael R. Calabrese (1988). “Coping With Extraterritoriality Disputes, 22 JWT”.
ICJ Reports, “Case Concerning Military and Para Military Activities in and against Nicaragua.
ILM, Vol 5, (1966).
Ivanz, Graham & Nonam, Jefri (2001). “Dictionary of International Relations”, Fourth Edition, Clarendon Press, Oxford.
Kharrazi, Kamal (1996). “Development of a collective security system in the aftermath of the Cold War”, Journal of Legal Studies, No 15. (In Persian)
Lowe A. V (1985). “The Problems of Extraterritorial Jurisdiction, Economic Sovereignty and the Search for a Solution”.
Malloy, p, Michael (1995). “Economic Sanctions and Human Rights: A Delicate Balance”, www.wcl.american.edu/hrbrief.
Mann, F.A (1990). .”Further Studies in International Law”, Oxford.
Melkam, Shaw (1995). “International Law”, Translated by Mohamad Husain Veqar, Tehran, Publication of Etela’at. (In Persian)
Mohebi, Mohsen (1999). “Statement by Algeria, Iran's Arbitration Court, United States”, Tehran. First Edition. (In Persian)
Momtaz, Jamshid (1999). “Security Council sanctions compliance with international humanitarian law”, Journal of Foreign Policy, No 4. (In Persian)
Momtaz, Jamshid (2000). “International responsibility of states”, Bulletin, Center for International Studies. (In Persian)
Mostafavi, Seyed Mohamad Kazem (2000). “Me ‘at Qaedat o Feqheiat, Iran, Qom”, Islamic Publications Office.
Patterson, Jack (1994). “The Sanctions Dilemma, Middle East Report”, March / June.
Qavam, Abdol’ali (1993). “Principles of Foreign Policy and International Politics”, Tehran, Publication of Samt. (In Persian)
Qomi, Seyed Taqi Tabatabaei (2002). “Al’Anvar Al’Bahie fel Qavaed Alfeqhie”,Iran, Qom: Publication of Mahalati.
Riesman and Stevick (1998). “The application of International Law Standards to the United Nations Economic Sanctions Programs”.
Rossoue, Charl (1990). “Law armed conflict resulted”, Translated by Ali, Hanjani, Tehran, Publication of the International Legal Services.
Sadoq, Qomi, Mohamad (2000). “Man La Yahzarah Alfaqih”, Volume IV.
Sands, Philippe and Klein, Pierre (2001). “Bowtt’s law of International Institutions”, Fifth Ed, London: sweet & Maxwell.
Sharif, Mohamad (1994). “The doctrine of unlimited jurisdiction of the Security Council”, Tehran, Publication of Etela’at. (In Persian)
Wallace, Rebeca (1999). “International Law”, Translated by Mohamad Sharif, Tehran, Publication of Nei.
Zarif, Mohamad & Mirzaei, Saeed (1997). “America's unilateral sanctions against Iran”, Journal of Foreign Policy, No 1. (In Persian)