نوع مقاله : مقاله پژوهشی
نویسنده
عضو هیات علمی گروه حقوق دانشگاه علوم اسلامی رضوی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The Security Council, possesses the authority to resort to economic sanctions as a measure concerning international peace and security. However, the establishment and execution of economic sanctions face numerous legal challenges in practice. The most significant among these are unilateralism and inequitable conduct, exceeding the scope of authority enshrined in the Charter and general international law, and the violation of fundamental human rights resultant from such sanctions.This paper analytically and descriptively investigates these challenges, focusing particularly on which body or authority can exercise control over the Council’s decisions to ascertain and, where necessary, nullify or invalidate the Council’s exceeding of its Charter mandate. Furthermore, it analyzes the powers available to UN Member States when confronting such sanctions.The research findings, substantiated by international instruments, treaties, customary international practice, and legal doctrines, demonstrate that the imposition and application of sanctions outside the confines of the Charter and those that infringe upon fundamental human rights standards lack legitimacy. Consequently, the Security Council incurs international responsibility for such decisions. The International Court of Justice (ICJ) is not legally barred from exercising a control function over sanctions, and states, in light of the Margin of Appreciation doctrine emphasized by the European Court of Human Rights, may lawfully refrain from executing such sanctions.Giving serious consideration to the legal constraints on sanctions and the mechanisms to counter them can significantly enhance the legal capacity of the Islamic Republic of Iran and other UN Member States to develop effective, reasoned, and defensive policies against unjust international sanctions.
کلیدواژهها [English]
)