Unilateral economic sanctions and human rights under international law: a case for the right to health

Abstract

The contemporary landscape of international relations has witnessed a paradigm shift in addressing foreign policy disputes, as sanctions increasingly replace military force as a preferred tool. This transformation stems from the belief that sanctions possess the capacity to exert pressure on target states, compelling them to modify their behaviour in relation to unlawful use of force, support of terrorism, and human rights violations. However, the legality and ramifications of unilateral sanctions, particularly in regard to the right to health, remain subjects of ongoing debate within the framework of international law. This research undertook a comprehensive analysis to examine the compatibility of unilateral sanctions with fundamental human rights obligations, with specific emphasis on the right to health. By delving into the historical, conceptual, and legal dimensions of unilateral sanctions, as well as the associated law on countermeasures, the study aims to shed light on their impact on essential human rights. The objective was to provide nuanced insights into the extent to which sanctioning states can fulfil their human rights obligations. The findings of this research endeavour will contribute to a deeper understanding of the legal and potential consequences of unilateral sanctions within the realm of international law, serving as a valuable resource for policymakers, practitioners, and scholars engaged in the field. Grounded in the Third World Approach to International Law and a Human Rights-based Approach, this study seeks to critically examine the implications of unilateral sanctions and offer a comprehensive analysis of their compatibility with human rights obligations.