sanctions in International Law LLB Notes

SANCTIONS IN INTERNATIONAL LAW

Meaning;-

Sanction means the coercive measures to enforce the violations of a law. Though  there is no effective sanctions in international as compare to domestic international law, however, there are following sanctions in international law.

Sanctions that may be carried out by Individual State;-

1)Social Sanction;-

This a moral sanction of international community in shape of adverse opinion  against the violator state.

2)Diplomatic/Political Sanctions;--

Diplomatic or political sanctions are measures other than economic and military. These involve the limitation or suspension of diplomatic and high government officials with state that is or has violated international law. These  also include the political propaganda and other similar political measures
against the Violator State with a view to isolate it.

3)Economic Sanctions;-

Economic sanctions consists on limiting or blocking the export of goods to the Violator State. It also include the naval blockade of the ports of the Violator State to ensure the blocking of certain goods.

4)Military Sanctions;-

Military sanction is of two kinds. It may either be a threat of war or actual waging of war against the Violator State.

Other Sanctions;-

1)Collective Measure;-

Chapter VII of the United Nations Charter clearly prohibits the activities  which may pose a threat to international peace and security  Every act to this extent is to be adjudged by Security Council. Moreover, the Charter is also vesting the Security Council with power to urge the international community for  taking certain collective measures against the Infringer State. Moreover, the Charter is making it incumbent upon every member State to participate in such measures if recommended by Security Council. International Court of Justice When once the Nation States agreed to the jurisdiction of ICJ then its decisions on the contentious points becomes binding, which also play a
kind of sanction behind enforcement of international law.

2)Special Sanction of Particular Treaties;-

Some treaties have also provided for sanctions in case of their violations, e.g. Article 4 of International Labour Code and Article 14 of the Convention on Narcotic Drugs, 1961 etc.

Some Other Sanctions;-

Beside the above sanctions, there are certain other sanctions which also play some role in enforcement of international law,.
For Example

• fear of suspension  of membership from United Nations Organization, 

• fear of payment of reparation, 

• fear of punishment of war crimes by ICC and other tribunals etc.