Legality of Economic Sanctions as a Means of International Obligations Enforcement

La legalità delle sanzioni economiche come mezzo per far rispettare gli obblighi internazionali

Abstract

In the article the sanctions applied against Russia in response to the war of aggression against Ukraine is considered through the prism of general international law, international economic and international human rights law. Consequently, several important characteristics of sanctions, among which are their purposes, legal nature and types, are studied with regard to the issue of their legality. The ways in which the latter can be challenged are described. The role of the main judicial organs used for this purpose is investigated as well. Particular attention is paid to the practice of the WTO Dispute Settlement Body and the Court of Justice of the EU that recently have presented new significant developments that sanctioning states and organizations should take into account.

Keywords: Economic sanctions; Enforcement; International obligations; Russia-Ukraine war; Legality.