{"title":"二级经济制裁","authors":"Cécile Fabre","doi":"10.1093/CLP/CUW003","DOIUrl":null,"url":null,"abstract":"Many states, or rather their leaders and officials, routinely violate the fundamental human rights of both their compatriots or outsiders. Faced with this depressing catalogue of abuses, the international community’s response of choice consists in imposing economic sanctions on wrongdoers. The relatively scant philosophical literature on the topic tackles primary sanctions where the sanctioning party (Sender) restricts economic relationships between, on the one hand, the sanctioned party (Target) and, on the other hand, agents of any nationality who are located on its own territory, or its own nationals wherever they are located – in other words, agents who are subject to its territorial and/or personal jurisdiction. In this paper however I focus on unilateral secondary sanctions, whereby Sender seeks to restrict the economic activities of agents who are not subject to its territorial and/or personal jurisdiction, on the grounds that they trade with or invest in Target. I provide a cosmopolitan defence of those sanctions as a means to stop ongoing grievous human rights violations. I proceed as follows. First, I outline the central tenets of cosmopolitan morality which I take for granted throughout this paper. I then mount my cosmopolitan defence of unilateral secondary sanctions. I end by rejecting the view that multilateral authorisation is a necessary condition for sanctions in general and secondary sanctions in particular, though I consider cases where such authorisation is warranted.","PeriodicalId":45282,"journal":{"name":"Current Legal Problems","volume":"69 1","pages":"259-288"},"PeriodicalIF":1.4000,"publicationDate":"2016-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/CLP/CUW003","citationCount":"2","resultStr":"{\"title\":\"Secondary Economic Sanctions\",\"authors\":\"Cécile Fabre\",\"doi\":\"10.1093/CLP/CUW003\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Many states, or rather their leaders and officials, routinely violate the fundamental human rights of both their compatriots or outsiders. Faced with this depressing catalogue of abuses, the international community’s response of choice consists in imposing economic sanctions on wrongdoers. The relatively scant philosophical literature on the topic tackles primary sanctions where the sanctioning party (Sender) restricts economic relationships between, on the one hand, the sanctioned party (Target) and, on the other hand, agents of any nationality who are located on its own territory, or its own nationals wherever they are located – in other words, agents who are subject to its territorial and/or personal jurisdiction. In this paper however I focus on unilateral secondary sanctions, whereby Sender seeks to restrict the economic activities of agents who are not subject to its territorial and/or personal jurisdiction, on the grounds that they trade with or invest in Target. I provide a cosmopolitan defence of those sanctions as a means to stop ongoing grievous human rights violations. I proceed as follows. First, I outline the central tenets of cosmopolitan morality which I take for granted throughout this paper. I then mount my cosmopolitan defence of unilateral secondary sanctions. I end by rejecting the view that multilateral authorisation is a necessary condition for sanctions in general and secondary sanctions in particular, though I consider cases where such authorisation is warranted.\",\"PeriodicalId\":45282,\"journal\":{\"name\":\"Current Legal Problems\",\"volume\":\"69 1\",\"pages\":\"259-288\"},\"PeriodicalIF\":1.4000,\"publicationDate\":\"2016-12-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1093/CLP/CUW003\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Current Legal Problems\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1093/CLP/CUW003\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Current Legal Problems","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/CLP/CUW003","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Many states, or rather their leaders and officials, routinely violate the fundamental human rights of both their compatriots or outsiders. Faced with this depressing catalogue of abuses, the international community’s response of choice consists in imposing economic sanctions on wrongdoers. The relatively scant philosophical literature on the topic tackles primary sanctions where the sanctioning party (Sender) restricts economic relationships between, on the one hand, the sanctioned party (Target) and, on the other hand, agents of any nationality who are located on its own territory, or its own nationals wherever they are located – in other words, agents who are subject to its territorial and/or personal jurisdiction. In this paper however I focus on unilateral secondary sanctions, whereby Sender seeks to restrict the economic activities of agents who are not subject to its territorial and/or personal jurisdiction, on the grounds that they trade with or invest in Target. I provide a cosmopolitan defence of those sanctions as a means to stop ongoing grievous human rights violations. I proceed as follows. First, I outline the central tenets of cosmopolitan morality which I take for granted throughout this paper. I then mount my cosmopolitan defence of unilateral secondary sanctions. I end by rejecting the view that multilateral authorisation is a necessary condition for sanctions in general and secondary sanctions in particular, though I consider cases where such authorisation is warranted.
期刊介绍:
The lectures are public, delivered on a weekly basis and chaired by members of the judiciary. CLP features scholarly articles that offer a critical analysis of important current legal issues. It covers all areas of legal scholarship and features a wide range of methodological approaches to law.