The application of international economic sanctions: the united nations, European community and 'Yugoslavia'

Abstract

The thesis is concerned with the international mechanism for the imposition and implementation of economic sanctions and the role of the European Community within it. Chapter 1 examines the classification of responses available to States to violations of international obligations. It deals with the conditions which must be satisfied for the legitimate introduction of counter-measures by States, restrictions placed upon their exercise, and their relationship to the law of treaties. Finally it is concerned with the conditions which must be met to enable the Security Council of the United Nations to impose sanctions against a State, and with the obligations which stem from such measures on Members of the UN. The relationship of the European Community to the UN Security Council is discussed in the second Chapter. The questions of whether the EC needs to seek authorisation from the Security Council to introduce sanctions and whether it is bound by the tatter's resolutions are considered. The power of the EC to apply counter-measures in defence of its own interests and of those of its Member States is examined. Chapter 3 is concerned with the basis in European Community law for the EC to apply counter-measures and to implement UN sanctions. This involves a discussion of the respective competences of the Community and its Member States in the field of external relations to determine in which of them is competent to take particular measures. Chapter 4 consists of a chronological account of the sanctions introduced by the United Nations and the European Community against Serbia and Montenegro and of the events which led to their adoption.