ECONOMIC SANCTIONS AS A MEANS OF INFLUENCE ON THE RUSSIAN FEDERATION IN ORDER TO ENSURE HUMAN RIGHTS IN THE OCCUPIED TERRITORY OF THE AUTONOMOUS REPUBLIC OF CRIMEA
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 28)Publication Date: 2020-06-30
Authors : Rashevska Kateryna;
Page : 52-58
Keywords : economic sanctions; obligations erga omnes; legal regulation; human rights; tit-for-tat;
Abstract
The article examines the legal nature of economic sanctions and their impact on the promotion of human rights in the framework of the international armed conflict between Ukraine and the Russian Federation in the context of the occupation of the Crimean peninsula. The author describes the sources of legitimacy of multilateral and unilateral restrictive measures, mandatory conditions and principles of their use, in particular, compliance with the requirements of proportionality, necessity and temporality, the attitude of subjects of international law to this means of coercion over the past decades. At the same time, differences are emphasized between restrictive measures imposed by decision and on the basis of the powers of the UN Security Council and countermeasures related to the responsibility of the State for an international wrongful act, including violation of erga omnes obligations. The article analyzes the role of economic sanctions in ensuring the observance of human rights in the territory of the occupied Republic of Crimea, the main advantages and disadvantages, as well as the overall effectiveness of the existing sanctions mechanism. Particular attention was paid to the problems associated with the negative impact on the population of the State subject to sanctions and third States, insufficient dynamism and consistency in the implementation of restrictive measures, disregard for global market trends, the transformation of sanctions on the subject of diplomatic bargaining, and the relational and unsystematic nature of sanctions lists. The author identified urgent issues of implementing and maintaining multilateral and unilateral restrictive measures, among which the search for a balance between ensuring the fulfillment of obligations under international law, economic interests and the protection of human rights is of particular relevance, as well as assessed national regulatory legal acts in the studied area taking into account potential impact on the development of the human rights system.
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