Smart Sanctions Revisited

Smart Sanctions Revisited
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重新审视明智制裁

DOI:
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发表时间:
2011
影响因子:
1.3
通讯作者:
C. Gordon
C. Gordon
中科院分区:
法学4区
文献类型:
--
作者:
C. Gordon

文献摘要

被引文献

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有针对性的制裁——通常被称为“明智制裁”——在很大程度上是为了回应联合国安理会在1990年和1991年入侵科威特后对伊拉克实施的制裁。到 1991 年,对伊拉克的制裁显然不同于以往的任何制裁,这一制裁最初受到反战活动人士的欢迎,被认为是军事行动的和平替代方案。再加上海湾战争轰炸造成的破坏,它们对伊拉克的经济和基础设施造成了毁灭性的打击,导致广泛的营养不良、水传播疾病的流行以及确保现代社会人类福祉所必需的每一个系统的崩溃。由于制裁似乎没有结束的迹象,联合国内部存在相当大的“制裁疲劳”,而且越来越多的文献质疑制裁是否能有效地获得目标国家的遵守,即使制裁对其经济产生了相当大的影响。出于这些担忧,许多地方都在努力设计制裁措施,这些制裁措施不会产生广泛贸易制裁的人道主义影响,而且通过对个别国家政策制定者施加直接压力也将更加有效。这些有针对性的制裁包括武器禁运、对个人和公司资产的金融制裁、对受制裁国家领导人的旅行限制以及对特定商品的贸易制裁。许多人认为定向制裁是外交政策和国际治理特别有前途的工具,许多人仍然认为定向制裁是解决一系列困难局势的自然而明显的解决方案。但每种类型的定向制裁在实施、人道主义影响以及某些情况下的正当程序权利方面都存在相当大的困难。随着这些措施的不断完善,其中一些困难可能会得到解决。其他问题则根源于相互竞争的利益之间的根本冲突或棘手的后勤挑战。
Targeted sanctions—often referred to as “smart sanctions”—began in large measure as a response to the UN Security Council sanctions imposed on Iraq in 1990 and 1991, after its invasion of Kuwait. By 1991 it was clear that the sanctions on Iraq, initially welcomed by antiwar activists as a peaceful alternative to military action, were different from any sanctions seen before. Combined with the destruction from the bombing campaign of the Gulf War, they were devastating to the Iraq economy and infrastructure, resulting in widespread malnutrition, epidemics of water-borne diseases, and the collapse of every system necessary to ensure human well-being in a modern society. As the sanctions seemed to have no end in sight, there was considerable “sanctions fatigue” within the United Nations, as well as a growing body of literature that questioned whether sanctions were effective at obtaining compliance by the target state, even when there was considerable impact on its economy. In the wake of these concerns, there were efforts in many venues to design sanctions that would not have the humanitarian impact of broad trade sanctions, and that would also be more effective by putting direct pressure on individual national policy-makers. These targeted sanctions included arms embargoes, financial sanctions on the assets of individuals and companies, travel restrictions on the leaders of a sanctioned state, and trade sanctions on particular goods. Many viewed targeted sanctions as an especially promising tool for foreign policy and international governance, and many still see targeted sanctions as a natural and obvious solution to a broad array of difficult situations. But there are considerable difficulties with each type of targeted sanction, with regard to implementation, humanitarian impact, and, in some cases, due process rights. Some of these difficulties may be resolved as these measures continue to be refined. Others are rooted in fundamental conflicts between competing interests or intractable logistical challenges.