my country promulgated the "Anti-Foreign bet365 tennis bet Law" in 2021,Constitutes the legal basis for my country’s counter-bet365 tennis bet measures。Although the anti-bet365 tennis bet measures adopted by our country are also economic bet365 tennis bet,But its fundamental purpose is to protect the interests of the country and the people。It’s worth noting,Some countries or institutions represented by the United States have adopted “extensive” economic bet365 tennis bet,Although this is not a comprehensive sanction in the traditional sense,But it has a serious impact on the lives of people in the sanctioned countries,Easy to cause humanitarian risks。In fact,Economic bet365 tennis bet should take into account humanitarian needs and have a solid legal basis。
International human bet365 tennis bet law and international humanitarian law
Humanitarian needs involve whether individual citizens can obtain food、Water、Residence、Needs for basic living materials and security such as medical supplies,Belongs to the basic rights of citizens,Closely related to the right to life and health,It is human society that maintains its own dignity、Basic requirements to protect the legitimate rights of individuals。Consideration of humanitarian needs is the basic requirement that countries should comply with when imposing economic bet365 tennis bet,Because economic bet365 tennis bet are bound to have an adverse impact on the economic behavior and economic conditions of the sanctioned objects,If used improperly,It may trigger a humanitarian crisis and constitute an internationally unlawful act。International human rights law and international humanitarian law both emphasize the protection of personal life、Protection of health and dignity,The former applies to both peacetime and wartime,The latter is only applicable during wartime。International human rights law only allows states to do so when faced with an emergency,Derogation from the protection of certain human rights;International humanitarian law except as provided for in Article 5 of the Fourth Geneva Convention,States are not allowed to derogate from their obligations in armed conflict。But no matter what the circumstances,Neither international human rights law nor international humanitarian law allow states to derogate from the protection of citizens’ fundamental rights。Therefore,Economic bet365 tennis bet are used both in peacetime and in wartime,No one should infringe on the basic rights of citizens。
In the field of international human bet365 tennis bet law,The United Nations Framework Convention on Human bet365 tennis bet and regional human bet365 tennis bet conventions both emphasize the protection of individual citizens’ bet365 tennis bet to life and health。For example,Article 6 of the International Covenant on Civil and Political bet365 tennis bet,Everyone has the natural right to live,No one’s life shall be unreasonably deprived;《Economy、Article 11 of the International Covenant on Social and Cultural bet365 tennis bet,Everyone has the fundamental right to be free from hunger,Article 12 provides that everyone has the right to the highest possible standard of physical and mental health;There are similar provisions in regional human bet365 tennis bet treaties such as the European Convention on Human bet365 tennis bet。In the field of international humanitarian law,Article 54 of the Additional Protocol to the Geneva Conventions for the Protection of Victims of International Armed Conflict prohibits States from starving civilians;Article 23 of the Fourth Geneva Convention prohibits countries from restricting medical and hospital supplies for civilian use,Items needed for religious worship,Children under fifteen years old、Main foods for pregnant and postpartum women、Free transit of clothing and tonics。
bet365 tennis bet General Assembly and Security Council Resolutions
In recent years,The United Nations General Assembly and Security Council have issued multiple resolutions,Condemn the unilateral economic bet365 tennis bet imposed by some countries as violating humanitarian principles,Also emphasizes that economic bet365 tennis bet under the United Nations framework should also be accompanied by a humanitarian exemption mechanism。For example,November 2022,The United Nations General Assembly discusses the economic embargo imposed by the United States on Cuba,Most countries believe that U.S. economic bet365 tennis bet have caused Cuba to face food problems、Energy、Price rising crisis,This is cruel and inhumane;The General Assembly adopted No. A/77/L.Resolution No. 5,Calling on the United States to end its economic embargo against Cuba。Zaru,December 2022,The Security Council adopted resolution 2664 (2022),In response to asset freezing measures under the United Nations bet365 tennis bet framework,Approval of implementation of humanitarian exemption;According to this resolution,In order to ensure the timely delivery of humanitarian aid supplies or other humanitarian relief activities,Allow countries to handle related funds、Financial assets、Economic Resources、Provision of products and services、Processing and payment activities,These activities shall not be considered a violation of asset freezes imposed by the Security Council or United Nations bet365 tennis bet Committees。
In addition,The United Nations Human Rights Council is particularly concerned about the possible infringement of human rights and humanitarian needs caused by economic bet365 tennis bet。Office of the High Commissioner for Human Rights under the United Nations Human Rights Council,And established a special rapporteur in 2014,Responsible for investigation、Research on the negative impact of unilateral economic coercive measures, including unilateral economic bet365 tennis bet, on human rights and humanitarian needs。The Special Rapporteur pointed out in the 2017 "Report of the Special Rapporteur on the Adverse Effects of Unilateral Coercive Measures on the Enjoyment of Human Rights": The United States frequently imposes extraterritorial bet365 tennis bet on foreigners and institutions,These extraterritorial bet365 tennis bet not only have a negative impact on the sanctioned objects,It may also have an adverse impact on the enjoyment of human rights by people in third countries,Everyone adversely affected has the right to an effective remedy、Include appropriate and effective financial compensation。The United Nations High Commissioner for Human Rights also stated,“Any bet365 tennis bet that threaten people’s lives and health must stop”。
ICJ Judgment
When the International Court of Justice hears cases related to economic bet365 tennis bet,Pay special attention to the basic rights that people should enjoy as human beings,Point out that as long as the risk of harm involved in the bet365 tennis bet meets the seriousness requirement、Urgency、Three elements of irreparability,The judge can issue a temporary injunction based on humanitarian needs。The International Court of Justice is reviewing the humanitarian immunity mechanism under the framework of economic bet365 tennis bet,Not limited to formal review of the legal text of the immunity mechanism,Also focus on substantive review of its implementation effects。
In the case of Iran v. the United States to reimpose bet365 tennis bet,The controversial measure is the re-implementation of previously lifted bet365 tennis bet on Iran by the United States in 2018,That is, the United States first started to use financial services on August 6, 2018、Metal Trading、Imports of carpets and food originating in Iran、bet365 tennis bet imposed on the export of civilian passenger aircraft and parts and components,Other bet365 tennis bet will then begin on November 4, 2018,The main point of dispute is whether the US bet365 tennis bet violate the 1955 "Amity Agreement" between the two countries、Treaty on Economic Relations and Consular Rights。It’s worth noting,U.S. bet365 tennis bet contain a humanitarian exemption mechanism,That is, the bet365 tennis bet do not apply to Iran’s imported agricultural products、Food、Pharmaceuticals and medical facilities。
The International Court of Justice issued an order on provisional measures in October 2018,Require the United States to amend its bet365 tennis bet: (1) The United States should comply with the provisions of the treaty between the two countries,Removal of some bet365 tennis bet issued on May 8, 2018,The export of the following products to Iran shall not be hindered,i.e. medicines and medical facilities、Food and agricultural products、Equipment and parts necessary for civil aviation safety;(2) The United States should ensure that transactions related to the products and services in item (1) above are licensed,Related payments and fund transfers shall not be restricted;(3) The United States and Iran should avoid taking any actions that may worsen or expand the dispute in this case,Avoid making this case more difficult to resolve。
At the same time,The International Court of Justice made three interpretations of its provisional measures order: (1) Although the U.S. economic bet365 tennis bet are accompanied by a humanitarian exemption mechanism,But some foreign banks have refused to cooperate with Iranian banks or provide financial services since the United States issued bet365 tennis bet,This makes it difficult for Iran to buy food in reality、Drugs and Medical Equipment,Personal health and life safety in Iran have been seriously threatened;(2) Some companies have canceled previous passenger aircraft parts procurement contracts with Iran due to the economic bet365 tennis bet imposed by the United States,There are still some companies that are unable to provide maintenance services to Iran Airlines due to US bet365 tennis bet,This has caused serious aging of Iranian passenger planes,Aviation safety is facing the risk of imminent and irreparable damage;(3) Although the United States promised to "use its best efforts" during the trial to ensure that Iran's humanitarian needs are met,However, the court believes that these commitments cannot fully address the humanitarian risks Iran is facing,U.S. economic bet365 tennis bet may still cause irreparable damage。
The provisional measures order issued by the International Court of Justice demonstrates that economic bet365 tennis bet should not violate the principle of humanitarian protection。Although the rights protected by the interim measures order may be different from the rights maintained during the subsequent substantive trial stage of the case,But this is consistent with the concept of objective justice。Judge Cançado Trindade (Can?譭ado Trindade)represented,Dispute resolution between countries may go beyond the national perspective,Directly touching the protection of citizens’ personal rights;Human conscience should be higher than the will of the state in legal positivism,The natural law pursuit of objective justice should take precedence over compliance with unjust legal provisions。
(The author is an associate researcher at the School of bet365 tennis bet Law, East China University of Political Science and Law)
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