Not Targeted but Proportionate: a New Perspective on UN Sanctions and Exemption Clauses.
- Submitted in partial fulfillment of the degree Masters of Law in International Law at the Fletcher School of Law and Diplomacy. Abstract: This paper argues the concept of targeted sanctions fails to explain today’s sanctions practice and is no longer effective to regulate UN sanctions regimes. Instead, it proposes proportionate sanctions as an alternative concept. Proportionate sanctions are designed ... read moreto balance possible gain and pain of sanctions, while they effectively protect core human rights, especially the right to life. This paper also introduces a new typology of exemptions from sanctions which reject a misperception that all exemptions are humanitarian ones. Moreover, I present an analytical framework in which the dynamics of sanctions is understood as a political and rhetorical fight over application of the proportionality principle. The theoretical part is followed by a case study on the North Korean sanctions regime and its unique “livelihood purposes” exemptions. Through the case study, I demonstrate how the idea of proportionate sanctions helps to understand today’s sanctions practice.read less