Exceptions of Economic Sanctions in Human Rights Conventions

Document Type : Original Article


1 Department of Human science, University of Zabol, Iran.

2 Mazndaran University, Department of law.

3 Master of International Law Damghan Azad University


Studies show that after the cold war, the Security Council has widely used sanctions based on CHAPTER VII. Economic sanction is one of the tools for maintaining international security and keeps the peace in international community to the Security Council. The aim of this interdicts is to change operations and conducts and using imposed force on the government under interdicts. But actually these interdicts cause the detrimental effects on purposed country's population and breach of human rights. In the present study, the method of analytical-descriptive research has been used and the data collection is library method. The results of this research show that, although the Security Council has authority to exert sanctions based on Chapter VII to keep international peace and security, but this authority has been   limited to follow United Nations goals and principles and on one hand depends on binding of many human rights standards and by regard to limiting law of UN Security in the charter, exertion of sanctions that violates human rights, is out of United Nations competency and does not have legal validity. So member countries of United Nations don’t require this interdict, because of violation of the human rights by Council.


Academic Freedom 21th century, the AFT (American federation of teachers), statement of Academic freedom, 2007, p.25
Agim BEHRAMI and Bekir BEHRAMI against France and Application no. 78166/01, http://www.jstor.org/discover/2014/9/30.p.323
Alston, Philip. (1982). International Trade as an Instrument of Positive Human Rights Policy, 4 Human Rights Quarterly, p.155
Aminzade Elham,Golami Vahid,(2013). Economic sanctions under the rules of competition and social rights, of foreign relations, the third year, 2013, pp.181-210. (In Persian)
Ariel Aarson, Susan, M. Zimmerman, Jamie. (2008). Trade Imbalance: The Struggle to Weigh Human Rights Concerns in Trade Policy Making, New York: Cambridge University Press, pp.7, 189.
Arklesh Wiley, Alexander, (2005). The impact of peremptory norms of international law in the interpretation and implementation of Security Council resolutions, Syed Qasim zamani (Translator), The Journal of Legal Studies, Issue 7, Spring, Summer, p 82. (In Persian)
Arnove, Anthony .(2000). Iraq under Siege: The Deadly Impact of Sanctions and War, Cambridge: MA, South End Press.p.145-158
Boris Kondoch,The Limits of Economic Sanctions under International Law: The Case of Iraq, pp.268-294.http://www.casi.org.uk/info/kondoch01.pdf
Bossuyt, Marc, The Adverse Consequences of Economic Sanctions, Economic and Social Council E/CN.4/Sub.2/2000/33 .pp.1-155.
Brownlie, Ivan .(1995). Basic Documents in International Law. Oxford: Oxford University Press, p.255-263
Carter Barry E .(1988). International Economic Sanction: improving the haphazard U .S. Legal Regime. Cambridge: Cambridge University Press, p.13.
Convention relating to the Status of Refugees (CRSR), 28 July 1951.
Dargahi,Borzou. (2010). Clinton's offer New Tatic in Iran sanctions. p.85
Dashab, Mehryar (2009), The right of access to water from the perspective of international human rights law", Proceedings of weeks of study at the Faculty of Law and Political Science, published by Tabatabai, print 1,pp.63-66-70-69. (In Persian)
Davidsson Elias .(1996). Ten myths about the sanctions against Iraq. By, 15 July 1994. World History Archives,p.3.
Dehshir, Sherif Amaneh. and sharifshahi, Mohammad., (2009). Access to knowledge is necessary for the realization of human rights (civil and political rights and economic, social, cultural). Journal of Constitutional Law, no.12, pp.19-20. (In Persian)
Emmitt Y.  Riley III and  CHANSE Travis, (2011), Better or Worse? The Impact of Economic Sanctions on Human Rights Revisited, University of Mississippi, pp.1-22, Available at http://ssrn.com/abstract=2018708
Evans, Graham and Jeffrey Nvnam (2002), Culture in International Relations, translated Humira Moshir Zadeh, Hossein Sharifi Trazkvhy, Tehran, Mizan publisher, p.96. (In Persian)
Farokh Sirri, Mansour. (2009), Legal restrictions  for the Security Council in imposed economic sanctions , Journal of International Law, the Journal of International Legal Affairs Center Vice President for Legal and Parliamentary Affairs, Twenty-Fifth Year, No.39,pp.2-4. (In Persian)
Frederick Schauer, (2009), WAS AUSTIN RIGHT AFTER ALL? ON  THE ROLE OF SANCTIONS IN A THEORY OF LAW. University of  Virginia, pp.1-33.
Garfield, Richard (2002). Economic Sanctions, Humanitarianism and Conflict after the Cold War, Social Justice, Volume: 29. Issue: 3, pp.94, Questia Media America, Inc. www. questia.com
Geiss, Robin (2005). Humanitarian Safeguards in Economic Sanctions Regimes: A Call for Automatic Suspension Clauses, Periodic Monitoring, and Follow-Up Assessment of Long Term Effects" Harvard Human Rights Journal, Vol.18, spring 2005, at www.Law.harvard, p.174
Haddad, Mehdi., (2003). International Sanctions: A national policy or international enforcement, Journal of  theory Law, Vol 1, spring and summer, p .109 (In Persian)
Hannum, H (1998). The Status of the Universal Declaration of Human Rights in National and International Law, Georgia Journal of International and Comparative Law, Vol.25, p.208
Harrison, James, Goller, Alessa (2008). Trade and Human Rights: What Does Impact Assessment Have to Offer?.  Human Rights Law  Review 8.  Term Effects: Harvard Human Rights Journal, Vol. 18.p.587.
Herndle. Kurt. (1995). Action by the Security Council: Evolving practice Beyond Traditional Peacekeeping, in Contemporary International Law Issues: Conflicts and Convergence; Proceedings of the Third Joint Conference held in The Hague, The Netherlands, July13-15.p.282
 Hojat Zadeh, Ali Reza and sartipi, Hasan., (2012)."Collaborative law practices in the transfer of peaceful nuclear technology, Journal of Strategy, No. 321,p. 65. (In Persian)
Hoskins, Eric (1997). The Humanitarian Impacts of Economic Sanctions and War in Iraq, in Thomas G. Weiss et al, Political Gain and Civilian Pain: Humanitarian Impacts of Economic Sanctions, Lanham, Md: Rowman and Littlefield, pp.91-148.
Howse, Robert (2006). Montesquieu on Commerce, Conquest, War, and Peace, Brook Journal of International Law, Vol 31.3.pp.6, 16
Hufbauer, Gary, Jeffery Schott, Kimberly Elliott (1999). Economic Sanctions Reconsideration 'today and Current Policy. Washington, D.C.: Institute for International Economics.p.32
Ibrahim Gul, Ali R., (2008). The right to food is a prerequisite for other rights, Journal of International Law, the twenty-fifth year, No 39.p. 222. (In Persian)
Ibrahimi, Sayed Nasrallah, (2005). Justice, Human Rights and Challenges in International Law,  Journal of Islamic government, No. 35, p 149. (In Persian)
International Covenant on Civil and Political Rights, 1966.
International Covenant on Economic, Social and Cultural Rights (16 December 1966)
Kausch,HansG (2005).Boycott ;Encyclopedia of Public international law.  Amesterdam, North-Holland Publishing co,p.74
Kim Richard Nossal (1989). international Sanctions as International Punishment, International Organization Vol.43, No.2.p.12-15
MALLORY OWEN 2013, The Limits of Economic Sanctions under International Humanitarian Law: The Case of the Congo, TEXAS INTERNATIONAL LAW JOURNAL Volume 48, Issue 1, pp.104-123.
Marco Alberto Velasquez Ruiz, (2012), international Law and Economic Sanctions imposed by the United Nations' Security Council. Legal implications in the ground of economic, social and cultural rights Int. Law: Rev. COLMB. DERECHO Int. Bogotá (Colombia) N° 21: pp. 223-254,
Mirzade nader and Sepehrifar, Sima, (2013). The State's obligations towards the right to food, according to Article 11 of the International Covenant on Economic, Social and Cultural Rights, Journal of Law,  journal of Faculty of Law and Political Science, Volume 34, Summer, No. 20, p. 45. (In Persian)
Momtaz Jamshid., (2009). Security Council sanctions compliance with human rights and international humanitarian law, Journal of Law, Faculty of Law and Political Science, Volume 38, Number 4,pp.344, 347, 348. (In Persian)
Mowlai, Joseph, (2002). the universality of human rights to development, Journal of the Faculty of Law and Political Science, No.56.pp.49-83. (In Persian)
Mowlai, Joseph, (2007). Third-generation human rights and the right to a healthy environment, Quarterly Journal of Law, journal of  Faculty of Law and Political Science, Tehran University, Volume 37, Number 4,p.277. (In Persian)
Normand, Richard (1996).Iraqi Sanctions, Human Rights and Humanitarian Law, Middle East Report. P.40–43.
Quinn Robert P. O, Policy Analyst (2000). The Heritage Foundation Backgrounder.  No.1126 of 25 June, p.28.
Rai, Masud., (2001). the right to development in contemporary human rights, Journal of Knowledge, No. 49.p. 27. (In Persian)
Resman, w. Michael and L. Sterick, Douglas (1998). The applicability of International law standards to United Nation Economic Sanctions Programmers.  European Journal of International law (EJIL), VOL.9. pp.104, 114,116
Robert W. McGee, (2004). the Ethics of Economic Sanctions. Economic Affairs, Vol. 23, pp. 41-45,
Sengupta, Arjun, (2004). The right to development in theory and practice, manochehr Tavassoli (Translator), The Journal of International Legal Services Law No.33,p.178-190. (In Persian)
Shayeganfar, Farid, (2001). The UN Security Council and the Peace and International Security, published by the Faculty of Law and Political Sciencepp.23-25. (In Persian)
Tridimas, P. Takis and Gutierrez-Fons, Jose A, (2009). EU Law, International Law and Economic Sanctions against Terrorism: The Judiciary in Distress?). Fordham International Law Journal, Forthcoming; Queen Mary School of Law Legal Studies Research Paper No. 11/2009, pp.660-730
UNESCO Recommendation on the Recognition of studies and Qualification in Higher Education, UNESCO conference, UNESCO, Paris 1993.
Vidar, Margaret, (2003). The Right to Food in International Law, South Africa, The Socio-Economic Rights Project of the Community Law Centre, University of the Western Cape,p.2,3
W .Polachek, Solomon, Seiglie, Carlos (2006). Trade Peace and Democracy:An Analysis of  Dyadic Dispute”, IZA Dp No 2170, June,p.10
Wai, Robert. Countering, Branding, Dealing (2003). Using Economic and Social Rights in and Around the International Trade Regime, European Journal of International Law, vol14, no 1, pp. 41- 45
Watkins (1942). Democracy and international organization: the experience of the League of Nations, American Political Science Review 36. p.42
Wilson, John S. Mann, Catherine L, Otsuki, Tsunehiro (2003). Trade Facilitation and Economic Development: a New Approach to Quantifying the Impact. The World Bank Economic Review, vol 17, no 3.p.368
Zahrani, Mostafa. dolatkhah, Zahra., (2010). Comparison of sanctions the Security Council against Iran and North Korea , strategy juornl, no55,pp.140, 144 and 146. (In Persian)
Zamani Seyed Qasim  and Meydani Sadat, Seyed Hassan, (2006). Performance Security Council on Iran's nuclear program: referral to boycott, Journal of Legal Studies, No. 10.pp.40-39. (In Persian)
Zamani Seyed Qasim, Zangane shahraki, Jafar., (2013). International sanctions violate human rights: the challenge to the legitimacy of the law  to  international responsibility, quarterly strategy journal , since 22, No. 67,pp. 38, 20, 40, 42, 43 and 44 . (In Persian)
Zamani Syed Qasim and Mazaheri, Jamshid., (2011) . Resolution 1929 by the Security Council sanctions, threats or keep the peace?, Journal of International Law, twenty-eighth year, no. 44.pp. 116, 120, 121 , 127. (In Persian)
Zamani Syed Qasim, (2006). human cloning and Right to Health in the realm of international law, Law and Policy Studies, No.19, p.30. (In Persian)
Zarif, Mohammad .J and Mirzaei, Saed., (1997), America's unilateral sanctions against Iran, Foreign Policy Journal, Issue 1, Year 11. P. 92. (In Persian)