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A Decade of Sanctions against Iraq: Never Again! The End of Unlimited Sanctions in the Recent Practice of the UN Security Council
Author(s) -
Lutz Oette
Publication year - 2002
Publication title -
european journal of international law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.607
H-Index - 59
eISSN - 1464-3596
pISSN - 0938-5428
DOI - 10.1093/ejil/13.1.93
Subject(s) - sanctions , principle of legality , veto , legitimacy , political science , stalemate , law , public administration , law and economics , sociology , politics
The inclusion of time limits signals a significant change in the recent sanctions practice of the Security Council. This change ties in with the ongoing debate about the reform of the Council's sanctions policy. The article traces the emergence of time limits by examining the constellation of the 'reverse veto' which triggered a shift in the sanctions policy of France, China and the Russian Federation. After a brief assessment of the legality of time limits, the main focus is placed on their implications for the future sanctions practice of the Council which are evaluated with regard to their contribution to a successful sanctions policy. The author addresses the shift in the internal power dynamics in the Council, the potential for ensuring the legality and for enhancing the legitimacy of the Council's sanctions policy as well as the objections raised against time limits for undermining the effectiveness of sanctions as the three crucial areas in assessing time limits. In conclusion, time limits are viewed as a device, the use of which has not only proved helpful in overcoming a threatening stalemate in the Council's sanctions policy but also has the potential of enhancing the flexibility and the legitimacy of such a policy.

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