Sanctioning to Change State Behaviour

iCourts Working Paper Series, no. 282 (2022)

Forthcoming in International Journal of Dispute Settlement 2022

23 Pages Posted: 20 Apr 2022

See all articles by Niccolò Ridi

Niccolò Ridi

King’s College London; University of Copenhagen - iCourts - Centre of Excellence for International Courts

Veronika Fikfak

University College London - School of Public Policy; University of Copenhagen - iCourts - Centre of Excellence for International Courts

Date Written: March 22, 2022

Abstract

This article, which sits in the context of a wider project devoted to understanding how state behaviour may be changed, seeks to focus on the act of sanctioning, broadly construed, as functional to that goal. Freeing ourselves from the constraints of too narrow a definition of the term ‘sanction’, we consider a wider gamut of instances of penalties on target states which are intended to accomplish the goal of changing state behaviour. Our goal is threefold: first, we aim to stimulate a debate on the nature of the act of sanctioning, which, we argue, is more embedded within international law than generally conceded; second, by looking at different sanctioning practices, we aim to identify their common elements and offer a taxonomy of the act of sanctioning within international law; third, we aim to consider the implications of different sanctioning practices and, in particular, understanding how and when they can amount to effective and acceptable tools to change state behaviour.

Keywords: Sanctions, changing state behaviour, effectiveness, compliance theories, remedies

Suggested Citation

Ridi, Niccolò and Fikfak, Veronika, Sanctioning to Change State Behaviour (March 22, 2022). iCourts Working Paper Series, no. 282 (2022), Forthcoming in International Journal of Dispute Settlement 2022, Available at SSRN: https://ssrn.com/abstract=4063662 or http://dx.doi.org/10.2139/ssrn.4063662

Niccolò Ridi (Contact Author)

King’s College London ( email )

Strand
London, England WC2R 2LS
United Kingdom

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

Veronika Fikfak

University College London - School of Public Policy ( email )

29/30 Tavistock Square
London, WC1H 9QU
United Kingdom

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

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