CYIL vol. 8 (2017)

ZUZANA TRÁVNÍČKOVÁ

CYIL 8 ȍ2017Ȏ

Unilateral sanctions on the UN GA agenda The very first UNGA resolution against unilateral measures was adopted in December 1983 (A/RES/38/197 from 20 December 1983). It was entitled Economic measures as a means of political and economic coercion against developing countries. 13 This resolution launched a series of resolutions that – inter alia – deplore the practice of the applying of economic measures of some developed countries and call developed countries to refrain “ from threatening or applying trade restrictions, blockades, embargoes and other economic sanctions, incompatible with the provisions of the Charter of the United Nations and in violation of undertakings contracted multilaterally or bilaterally, against developing countries as a form of political and economic coercion which affects their economic, political and social development”. These resolutions exist since the 44th General Assembly, adopted within two years frequency, and since the 52th GA the word “unilateral” was added into the title (Unilateral economic measures as a means of political and economic coercion against developing countries). The most recent resolution – A/RES/70/185 - was adopted on 22 December 2015. In the document the GA recognizes “t hat such measures constitute a flagrant violation of the principles of international law as set forth in the Charter, as well as the basic principles of the multilateral trading system” and “ urges the international community to adopt urgent and effective measures to eliminate the use of unilateral coercive economic measures against developing countries that are not authorized by relevant organs of the United Nations or are inconsistent with the principles of international law as set forth in the Charter of the United Nations and that contravene the basic principles of the multilateral trading system ”. The second line of GA resolutions dealing with UCM was initiated in 1996 at the request of the Libyan Arab Jamahiriya. Between 1996 and 2002 four resolutions, 14 entitled, Elimination of coercive economic measures as a means of political and economic compulsion, were adopted. The text of the first resolution expresses the grave concern of the GA “over the recent enactment of extraterritorial coercive economic laws in contravention of the norms of international law and the aims and purposes of the United Nations” . The last resolution from 2002 (the topic has not appeared on the GA agenda since the 57th GA) seems to use different normative language, although the content of the message is the same: the GA is “gravely concerned over the continued application of unilateral extraterritorial coercive measures whose effects have an impact on the sovereignty of other States and the legitimate interests of their entities and individuals in violation of the norms of international law and the purposes and principles of the United Nations”. The third possible view of the GA on UCMwas presented in 1996 in a series of resolutions dealing with the relation between UCM and human rights. The first resolution on Human Rights and unilateral coercive measures was adopted on 12 December 1996 (A/RES/51/103) and it expressed the deep concern of the GA “ that, despite the recommendations adopted on this issue by the General Assembly and recent major United Nations conferences, and contrary 13 It recalled previous documents of a general nature (Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations from 1970, Declaration and the Programme of Action on the Establishment of a New International Economic Order from 1974 and the Charter of Economic Rights and Duties of States from 1974) and a United Nations Conference on Trade and Development resolution 152 (VI) adopted on 2 July 1983 and entitled “Rejection of coercive economic measures”. 14 A/RES/51/22, A/RES/53/10, A/RES/55/6, A/RES/57/5.

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