著者

水谷 元海 MIZUTANI Motomi

出版者

名古屋大学大学院国際開発研究科

雑誌

国際開発研究フォーラム (ISSN:13413732)

巻号頁・発行日

vol.47, no.13, pp.1-17, 2017-03

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The United Nations Security Council (SC) uses two kinds of economic sanctions, "mandatory economic sanctions" and "voluntary economic sanctions". This paper focuses on the latter which are based on non-binding recommendations of the SC. The United Nations Charter does not provide clearly for "voluntary economic sanctions" because its drafters did not intend that the SC would recommend economic sanctions without binding force. However, the SC has recommended economic sanctions when it could not make binding decisions. Rules applying to "voluntary economic sanctions" have been developed through SC practice. This paper aims to make clear the legal basis, limitations, and legal effects of the SC's recommendations calling for economic sanctions through analysis of the practice of the SC and member states. In conclusion, this paper shows that the SC can recommend only arms embargoes under Chapter VI when it does not determine the existence of any threat to the peace. Even if the determination is made by the SC under Chapter VII, it may not delegate its power to the member states to decide what economic sanctions shall be taken. When the member states implement the recommended economic sanctions, they must comply with their obligation under international law.