Culmination of Law

Culmination of Law

Economic sanctions and obligations of countries in the World Trade Organization and providing international solutions

Document Type : Original Article

Authors
1 phd student, department of international law, Qaem shahr branch, islamic Azad university
2 Assistant Professor of International Law ghaem shahre Unit, Islamic Azad University ghaem shahre Unit, ghaem shahre, Iran.
3 Assistant Professor, Department of International Law, Chalus Branch, Islamic Azad University, Chalus, Iran
4 Assistant Professor, Department of International Law, Qaem Shahr Branch, Islamic Azad University, Qaem Shahr, Iran
10.22034/thdad.2023.2007121.2508
Abstract
The United Nations possesses the authority to impose economic sanctions to uphold international peace and security, which is entrusted to the Security Council under the framework of the seventh chapter of the United Nations Charter. International sanctions are enforced by both international organizations and governments in response to violations of international laws. The rules and regulations of the World Trade Organization (WTO) have evolved into the most comprehensive international norms in the field of trade, often referred to as the World Trade Constitution. Regardless of their membership status, countries are obligated to comply with the rules and regulations of the WTO. This research aims to explore the impact of economic sanctions on the obligations of countries within the WTO and propose international solutions to address the resulting consequences. The hypothesis put forth is that economic sanctions imposed on countries during their accession process directly affect the functioning of the WTO and impede the fulfillment of obligations stemming from membership in the organization.
Keywords

Subjects


Sources
A: Persian
Adibi, Akbar, Habibi, Homayoun (2017) The Principle of Proportionality in Adopting Economic Sanctions, International Law Journal, No. 56.
Al-Kajbaf, Ansarian, Mojtaba (2014) The Impact of Unilateral and Multilateral Sanctions on Iran from the Perspective of the Right to Citizens' Health, Medical Law Journal, No. 29.
Ansarian, Mojtaba (2012). International and Unilateral Sanctions against Iran from the Perspective of Human Rights: Its Effects on Economic Rights and Development. PhD Thesis. Faculty of Theology. Payam Noor University.
Samie Nasab, Mustafa (2014). Economic Diplomacy, Strategy for Countering Economic Sanctions in the System of Resistance Economy, Quarterly Journal of Security Horizons, Year 7, Issue 25, Winter.
Shahbazi, Aramesh (2011) “The Validity of the Treaty of Amity (1955) and Its Reliance on Iran-United States Relations”, International Law Journal, Year 28, Issue 44.
Emadi, Seyed Mohsen (2012) The Impact of United Nations Security Council Economic Sanctions on the Enjoyment of Human Rights, Foreign Policy Quarterly, Issue 1.
Falahi, Fatemeh (2016). Formation of Global Health Law and Considerations of States. PhD Thesis. Faculty of Law and Political Science. Payam Noor University, Central Tehran.
Faizi, Fazel (2017). Legal Basis of United Nations Economic Sanctions, Political and International Research, Volume 8, Issue 33.
Farrokhsiri, Mansour (2008). Legal Limitations of the Security Council in Applying Economic Sanctions, International Law Journal, Year 25, Issue 39.
Strategic Report on Management and Economics 68 (2018) Studying the Impact of the Extension of the ISA Sanctions on the Iranian Oil Industry, Ministry of Science, Research and Technology, Ara Research Center, Institute for Economic and Management Policy (Saramad), Department of Petroleum and Energy.
B: English
Ahn, D. P., & Ludema, R. (2017). Measuring Smartness: Understanding the Economic Impact of Targeted Sanctions. Office of the Chief Economist, United States Department of State. https://2017-2021.state.gov/wp-content/uploads/2018/12/Measuring-Smartness-Understandingthe-Economic-Impact-of-Targeted-Sanctions-1.pdf
Biersteker, T. J. (2010). Targeted sanctions and individual human rights. International Journal, 65(1), 99-117.
Bessler, Manuel, Garfeild, Richard and Gerard Mc Hugh, Sanctions Assessment - Bonyani, A., & Alimohammadlou, M. (2018). Identifying and prioritizing foreign companies interested in participating in post-sanctions Iranian energy sector. Energy strategy reviews, 21.
Bazoobandi, S. (2015). Sanctions and Isolation, the Driving Force of Sino-Iranian Relations, Iranian Relations. East Asia Journal, 32, 257-271
Bolton, I. K. (2019). Deterrence And the Use of Sanctions. NATO Science and Technology Organization System Analysis and Studies Panel.
Bluth, Christian. (2018), What Needs to Change at the WTO? Available at: https://globaleurope.eu/globalization/revitalizing-wto-2/
Cipriani, M., Goldberg, L. S., & La Spada, G. (2023). Financial Sanctions, SWIFT, and the Architecture of the International Payments System.
Chapman, A. R. (2009). Globalization, human rights, and the social determinants of health. Bioethics, 23(2).
Dudlák, T. (2018). After the sanctions: Policy challenges in transition to a new political economy of the Iranian oil and gas sectors. Energy Policy, 121.
Francois, J., & Wootton, I. (2001). Market structure, trade liberalization and the GATS. European Journal of Political Economy, 17(2), 389-402
General guidance for financial sanctions under the Sanctions and Anti-Money Laundering Act 2018(2018), Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1100991/General_Guidance
Guidance Paper on Trade Sanctions and Export Risk Mitigation (1999), Available at https://www.iata.org/contentassets/3faa089d849846d49d089e66ffd9a79f/ccwg-tf-trade-sanctions-and-export-risk-mitigations.pdf
Hughes, V. (2015) “WTO Rule-Making: WTO Accession Protocols and Jurisprudence.” Chapter. In WTO Accessions and Trade Multilateralism: Case Studies and Lessons from the WTO at Twenty, edited by Uri Dadush and Chiedu Osakwe, pp. 309–47. WTO Internal Only. Cambridge: Cambridge University Press

Imboden, Nicolas (2011) "The Accession of Least Developed Countries to the World Trade" Organization, TRADE AND DEVELOPMENT SYMPOSIUM Perspectives on the Multilateral Trading System A Collection of Short Essays, International Center for Trade and Sustainable Development (ICTSD).
Jin, Wang, Honggang, Wang. (2008).” The Iran Nuclear Issue In Sino-US Relation", Contemporary International Relation, Volume 17 Number 5. 2007, Available at.www.cwanfangdata.com.cn/periodical-xdgigx-e.aspx.2008-07-19
Jootaek Lee & Maraya(2017), The human Right to water: Research Guide & Annotated Bibliography, available at: https://www.northeastern.edu /law/pdfs /academics /phrge/right-to-water.pdf
Kelishomi, A. M., & Nisticò, R. (2022). Employment effects of economic sanctions in Iran. World Development, 151, 105760
Kull, Clyde (2015) “Facilitating accessions: the role of the working party chairperson,” in Dadush, U. and Osakwe, C. (eds) WTO Accessions and Trade Multilateralism: Case Studies and Lessons from the WTO at Twenty, Cambridge: Cambridge University Press.
Nordström, H., & Shaffer, G. (2008). Access to justice in the World Trade Organization: a