NAVIGATING THE LEGAL GRAY ZONE: THE DILEMMA OF UNILATERAL SANCTIONS IN GLOBAL DIPLOMACY

Abstract

In the contemporary global landscape, the unilateral imposition of sanctions by sovereign states, without the endorsement of international organizations or established international law, has become increasingly prevalent. This trend, characterized by excessive proliferation, presents a complex challenge to the international community. The primary enforcers of such sanctions are the United States and the European Union, with the latter having listed 34 international entities as subjects of sanctions. The Office of Foreign Assets Control (OFAC) within the U.S. Department of the Treasury, in 2022 alone, has initiated 100 sanction actions encompassing 82 countries and regions, targeting 2204 individuals and entities. Additionally, countries like the United Kingdom, Canada, and Australia have also resorted to unilateral sanctions as a tool for implementing their foreign policies. This growing reliance on sanctions raises significant concerns, given the lack of clear legal boundaries for unilateral sanctions in international law. Unilateral sanctions do not fit within the well-defined framework of international law and have not been precisely defined by any authoritative document. Consequently, the inherent ambiguity in this legal realm poses a substantial threat to international peace and security. This article, in response to this critical issue, adopts a methodical approach to assess the legality of unilateral sanctions. It initiates the analysis from the vantage point of United Nations Security Council sanctions resolutions, subsequently delving into the examination of unilateral sanctions in the context of international treaties and customary international law. The objective is to establish well-defined legal parameters for unilateral sanctions within contemporary international law.