The Legality of Unilateral Economic Sanctions - An analysis of international law on the lawfulness of unilateral economic restrictive measures

Sammanfattning: This thesis explores the legality of unilateral economic sanctions in international law. It concludes that economic sanctions imposed by the UN Security Council under Chapter VII of the UN Charter, as well as countermeasures taken by states in accordance with established ILC criteria, are lawful when adhering to the principle of proportionality and aligning with human rights regulations. However, the legality of third-party countermeasures largely remains unclear. Unilateral economic sanctions implemented outside a competent international institution and without a prior injury pose the greatest uncertainty. Arguments favoring their legality emphasize the inherent economic freedom of States, judgments by international courts and increasing State practice, suggesting a development toward a new norm of customary law. Converse-ly, opponents cite the prohibitions on coercive measures in UNGA resolutions and highlight concerns about state sovereignty and non-intervention, supported by a significant number of UN member states and the Human Rights Council. This thesis acknowledges the lack of a definitive answer regarding the legality of unilateral economic sanctions, as well as noting the ongoing legal ambiguity and international political divisions surrounding the issue. The accumulation of State practice may eventually shape a new customary law norm, despite opposition from some parts of the international community. Alternatively, a reinterpretation of existing rules on third-party countermeasures could provide a lawful application for unilateral economic sanctions. For now, unilateral economic sanctions are nevertheless likely to persist as states view them as alternatives to forceful intervention or passive diplomatic approaches.