The Nature of Authority Behind Sanctions: Implications of (Un)Constitutionality

Abstract

Presentation given at the conference organised by the London Centre for International Legal Practice, 19 March 2015. The essence of unilateralism: the arrogation of multilateral powers reserved to a particular institution and not available to other institutions. Sanctions as coercive measures have been adopted against various States at the national, EU or UN level. Yet there is some understanding at all levels that the authority needed for and implication of those sanctions cannot be the same across the board. In a recent case it was emphasised that the “United Kingdom’s sanctions were imposed under the auspices of the United Nations and the European Union in the context of a general international move against Iran provoked by its perceived desire to acquire nuclear weapons”; and that “the value of sanctions as a diplomatic tool was considered to be great enough to warrant the risks.”

Keywords: sanctsions, EU, UN Security Council, interpretation, ultra vires, royal prerogative, judicial review