Economic sanctions within the European Union towards Non- Member States

Sammanfattning: Sanctions can take many forms and is a complex area considering the purpose of the use. When discussing sanctions one of the main difficulties is that it has different definitions and includes a variety of terms. Sanctions are often used when pressuring a country to change their behaviour or conduct. Sanctions can also be seen as restrictive measures or embargoes. The United Nations applies sanctions in order to maintain international peace and security and the EU applies sanctions or restrictive measures in the framework of the Common Foreign and Security Policy (CFSP). Sanctions within the UN are meant to give effect to Security Councils decision in response to identified threats to the peace, breaches of the peace and acts of aggression without involving the use of armed forces. The European Union applies sanctions or restrictive measures to achieve the objectives of the CFSP to safeguard common values, independence and integrity; to strengthen the security of the Union; to preserve peace; to promote international cooperation and to develop and consolidate democracy etc. The European Community however separates trade defence instruments and other restrictive measures as positive or negative sanctions. Trade Defence Instruments (TDI) for example is anti- dumping, anti- subsidy or safeguards instruments. The instruments may be used by states in harmony with a WTO agreement, to confront the import of goods where they are seen to be unfair foreign competition. This essay is supposed to give a definition on sanctions in accordance with EC law and international law. The conclusion is that sanctions are a tool to force another country or to punish another country for their behaviour whilst measures under Article 133 EC Treaty are tools to protect the market. However the term sanctions are used when imposing both types of measures.