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Strengthening the rule of law or serving as a tool of war? : a critical analysis of United Nations sanctions

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Farrall, Jeremy Matam (2004) Strengthening the rule of law or serving as a tool of war? : a critical analysis of United Nations sanctions. PhD thesis, University of Tasmania.

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Abstract

This thesis explores the relationship between United Nations
sanctions and the rule of law. Its primary contention is that sanctions have
been applied in such a way that they have undermined the rule of law, thus
weakening the authority and legitimacy of the U.N. Security Council and the
U.N. sanctions system. As a consequence, States are less likely to comply
with their sanctions obligations to the extent necessary to ensure that
sanctions are effective. The challenge is therefore how to modify the Security
Council's sanctions practice so that sanctions command such respect and
inspire such confidence that States both desire and feel compelled to
implement sanctions fully and effectively.
The thesis proceeds in four Parts. Part I sets the stage for analysis,
introducing U.N. sanctions and proposing a basic accountability-based model
of the rule of law, according to which the central aim of the rule of law is to
prevent the abuse of power. Part II explores the origins of the Security
Council's sanctions powers, tracing the path leading to the enshrinement of
the Security Council's sanctions powers in the U.N. Charter and describing
the legal basis for the application of sanctions. Part III illustrates how the
Security Council has acted upon its sanctions powers in practice, charting the
manner in which the Council's sanctions-related decisions have shaped the
contours of the U.N. sanctions system. Part IV then operationalises the
theoretical framework for analysis developed in Part I, critically evaluating the
extent to which sanctions have strengthened the rule of law. It concludes that
the U.N. sanctions system exhibits shortcomings in respect of each of the key
elements of the rule of law and makes proposals for reforming the Security
Council's sanctions practice so that sanctions can strengthen, rather than
undermine, the rule of law.

Item Type: Thesis (PhD)
Keywords: United Nations, Rule of law
Copyright Holders: The Author
Copyright Information:

Copyright 2004 the Author - The University is continuing to endeavour to trace the copyright
owner(s) and in the meantime this item has been reproduced here in good faith. We
would be pleased to hear from the copyright owner(s).

Additional Information:

Thesis (Ph.D.)--University of Tasmania, 2005. Includes bibliographical references

Date Deposited: 09 Dec 2014 00:10
Last Modified: 11 Mar 2016 05:54
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