Legal analysis of UN economic sanctions
00:22, April 22, 2020 Source: "China Social Sciences", April 22, 2020, Total 1912 Author: Shao Shaping Shuai Triumph

UN Economic Sanctions are economic compulsory measures taken by the United Nations Security Council to threaten world peace and security,It has universal legal binding for UN member states。UN economic sanctions with my country's promotion of the “Belt and Road” initiative in terms of purpose,But in the specific implementation, it may have a certain impact on my country's promotion of the “Belt and Road” initiative。my country needs to further strengthen the study of UN economic sanctions,In order to improve the law of law at the domestic level,Strengthen international cooperation at the international level,Make the “Belt and Road” initiative more effectively promoting international peace and development。

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The direct legal basis for UN economic sanctions is Chapter 7 of the United Nations Charter。Chapter 7 Article 41 stipulates: "The Security Council may decide the method of adopting the military forces,To implement its resolution,and I have to urge the United Nations Member State to implement this method。This method includes economic relations、Railway、Sea Transport、Air、Post、electric、The local or all of the radio and other means of transportation stop,and the cutting off of diplomatic relations "。Based on this,UN economic sanctions generally refer to the UN Security Council based on the 7th chapter of the United Nations Charter,To ensure the implementation of the Security Council resolution、Economic compulsory measures taken by eliminating the situation of threatening international peace and security,The purpose is to realize the function of the United Nations to maintain international peace and security。This is essentially different from that of unilateral sanctions implemented by some countries in accordance Bet365 app download with domestic law。According to Article 25 and 103 of the United Nations Charter,UN economic sanctions resolution has universal legal binding for all UN member states,All member states must execute,If the obligation conflicts with other international legal obligations,This obligation is in a priority position。

From the perspective of practice,Commonly used by the United Nations economic sanctions mainly includes the following,For the same situation,UN Security Council often multiple means and use,Effectiveness of strengthening economic sanctions。First,Asset frozen。Asset frozen is listed in the sanctions resolution that the sanctioned individual or physical list,Require Member State to take measures to freeze financial institutions to freeze the property of individuals or entities in financial institutions。There are two main aspects: one is to make the sanctions unable to use their own funds; the other is to prevent others from providing funds to the sanctions through bank transactions。Second,Financial Services ban。Financial service ban refers to the requesting membership state in the sanctions resolution to refuse to provide financial services to the individual or entity,For example, deposit、Loan、Gifts、Insurance、Guarantee,To further cut off the sources of funds sanctioned by the individual or entity。third,Weapons and materials embargo。Specific weapons and material embargo are also common methods for UN economic sanctions,By prohibiting the input of specific weapons or materials,Limit the development of the military or economic power of the sanctions,to achieve the purpose of forceing all parties to obey the resolution。Fourth,Travel ban。Travel ban refers to the Security Council's resolution,Require member states to stop natural persons from entering or transit,Make it unable to engage in violations of the Security Council bet365 live casino games resolution。The exemption of the travel ban includes the sanctioned natural person as a member of the member country、Entry to the performance of judicial procedures。

Earlier practice of UN economic sanctions was the sanctions on South Rhodesia in 1966。1990,Situation of Kuwait, Iraq's invasion,The Security Council strictly sanctioned Iraq。Since then,The Security Council is increasingly using economic sanctions as a tool for implementing the resolution of the Security Council。"9 · 11" incident,Back international terrorism as the key goal of the United Nations economic sanctions。The targets of UN economic sanctions have expanded from the state to international terrorist organizations and individuals and entities associated with terrorist organizations。The object of UN sanctions is increasingly specific,Sanctions are continuously strengthened。This is called targeted sanctions or clever sanctions by some scholars。Generally speaking,In recent years, the sanctions coverage of the UN Security Council has become more and more widely,and show a more frequent trend。For example, from 2010 to 2019,The United Nations has been targeting Libya、Afghanistan、Guinea Bi Shao、Central Africa、Yemen、South Sudan、Seven countries in Mali for sanctions。

  Properly respond to UN economic sanctions under the background of the Belt and Road Initiative

my country's strict implementation of the Security Council resolution, including economic sanctions resolution。In 2018, my country ’s“ Report on the UN Security Council No. 2397 ”states that China has always fulfilled international obligations assumed in accordance with the“ UN Charter ”,Implementation of the Security Council Resolution。

At present, the main way for my country's government to enforce UN economic sanctions is issued by the Ministry of Foreign Affairs,Require relevant domestic departments to implement relevant resolutions。In recent years,For example, the "Notice on Implementation of the UN Security Council bet365 live casino games No. 2397 Resolution" released in 2017、The Notice on the Implementation of the UN Security Council No. 2402 Resolution issued in 2018。Except the Ministry of Foreign Affairs,Government agencies related to economic sanctions have also taken a lot of specific measures。"About Anti -Money Laundering released by the General Office of the State Council in August 2017、Anti -terrorist financing、Opinions of the Anti -taxation supervision system and mechanism "、The "Notice on Further Strengthening Anti -Money Laundering and Anti -Terrorism financing" issued by the People's Bank of China in July 2018、In January 2019, the "Administrative Measures for Anti -Turbal Laundering and Anti -Terrorism Financing" published by the Bank of China Insurance Supervision and Administration Commission of the Bank of China Insurance Supervision and Administration clearly requires the financial regulatory authorities to strengthen the supervision of the implementation of the UN counter -terrorism sanctions resolution。These regulations reflect the strict implementation of the economic sanctions resolution of the Security Council in my country,and improve and develop related systems in practice。

The purpose of UN economic sanctions and the "Belt and Road" initiative is consistent,Two parallel is not incident。The purpose of UN economic sanctions and the "Belt and Road" initiative is consistent、Contribution and Outlook "Report Reminder,The "Belt and Road" initiative adheres to the principle of co -discussion and co -construction and sharing,Make Chinese contribution to promote the reform of the global governance system and economic globalization。This reflects the "promotion of international cooperation stipulated in Article 1 of the UN Charter,To solve the international economy、Society、International Issues of Culture and Human Welfare "。Current,The "Belt and Road" initiative Bet365 lotto review has been included in the relevant UN resolutions。

but,Although the "Belt and Road" initiative is consistent with the UN economic sanctions,UN sanctions at the implementation level may indeed bring certain risks to my country's "Belt and Road" initiative。In recent years,The countries sanctioned by the United Nations are mainly distributed in Asia and Africa,These countries are all in the "Belt and Road" covering region。If Chinese companies participate,will face extremely high legal risks,It may even be sanctioned by other countries。For this,We should: first,Avoid the implementation of the “Belt and Road” initiative to conflict with the United Nations economic sanctions。Due to the UN sanction resolution, it has legal binding for the United Nations member states,During the implementation of the "Belt and Road" implementation process,It is necessary to pay attention to avoid conflicts with the United Nations economic sanctions。The Chinese government needs to further strengthen the supervision of the implementation of the UN sanctions resolution for domestic institutions,Avoiding the punishment of Chinese companies that have been punished for violating UN economic sanctions。Chinese companies need to strengthen their attention to UN economic sanctions,Strict compliance research must be carried out in economic activities in countries sanctioned by the United Nations。

Second,Improve the domestic mechanism of my country's response to the United Nations economic sanctions。UN economic sanctions resolutions still lack clear regulations in my country's domestic law,my country's current implementation of the Security Council resolution is not perfect,This may have a negative impact on the implementation of the “Belt and Road”。First,The authority of the Ministry of Foreign Affairs is limited to foreign affairs,In the absence of legal basis,It is difficult to ensure that domestic institutions perform complex legal obligations covered by UN sanctions。Next,Notice of the Ministry of Foreign Affairs is lower level,It is difficult to deal with matters involving Bet365 lotto review personal property rights。Last,The list of sanctions listed by the United Nations sanctions is variable,How to relieve the individual and entity suffered by the person who is wrongly included in the list,It is worthy of the attention of my country's domestic law。The possible solution is to clarify the status and implementation method of the United Nations resolution in the domestic law like the United Nations Participation Law。

third,Strengthen international cooperation in the implementation of UN economic sanctions。UN economic sanctions relied on UN member states to implement,Therefore, its implementation requires the joint cooperation of countries around the world。Under the background of the “Belt and Road” initiative,On the one hand,my country needs to further study the effective practices of the implementation of the UN Security Council resolutions in my country and countries around the world,Formulate a more comprehensive、Domestic execution rules with higher performance level,To better safeguard the interests of the country in the process of improving the sanctions resolution of the Security Council。On the other hand,my country needs to actively negotiate with other countries,To prevent the occurrence of sanctions on Chinese enterprises on the grounds of UN sanction resolution。

Overall,my country still needs to further strengthen the study of UN economic sanctions,Make my country in the process of promoting the "Belt and Road" construction process,more effectively maintain China's core interests,Maintain international peace and development。

 (This article is the research results of the legal control of criminal crimes of transnational companies (11jjd820014) research results)

(Author Unit: School of Law of Renmin University of China)

Editor in charge: Zhang Jing
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