Human Rights and Unilateral Economic Sanctions: A New Perspective on a Twisted Relationship

Bogdanova, Iryna (2023). Human Rights and Unilateral Economic Sanctions: A New Perspective on a Twisted Relationship. In: Czech, Philip; Heschl, Lisa; Lukas, Karin; Nowak, Manfred; Oberleitner, Gerd (eds.) European Yearbook on Human Rights 2023 (pp. 171-203). Larcier-Intersentia

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Literature and practice outlining the relationship between human rights and unilateral economic sanctions veer in two opposite directions. One strand of literature advocates for sanctions to redress grave human rights violations. This position has been epitomised in the legislation allowing the imposition of economic sanctions for human rights violations occurring abroad (Magnitskystyle sanctions). The opposing voice criticises unilateral economic sanctions irrespective of their objectives and forms, mainly by emphasising their negative repercussions on the enjoyment of human rights. This position is officially adopted by the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, and is reflected in numerous reports on the matter, which are traditionally supported by the most-sanctioned countries.

This contribution aims to explore perplexing and multifaceted relations between human rights and unilateral economic sanctions, an issue that is politically tainted, and which has been insufficiently analysed from a legal standpoint. Retreating from the clashes between these prevailing old, unworkable dichotomies, this contribution argues for a more nuanced portrayal of the subject matter.

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