Jus ad bellum economicum and jus in bello economico : the limits of economic sanctions under the paradigm of international humanitarian law
Economic sanctions under international law : unilateralism, multilateralism, legitimacy, and consequences
The Hague : T.M.C. Asser Press, 2015
Bibliographie : p. 122-124
This chapter argues that economic sanctions — including sanctions imposed outside of the armed conflict context — should be regulated by the principles underlying international humanitarian law (IHL). It considers the challenges associated with applying other sources of law, namely international human rights law and the law on countermeasures, to economic sanctions and the benefits of viewing sanctions through IHL. The chapter then describes what limits would regulate economic sanctions when borrowing IHL principles. In doing so, the chapter constructs two general categories of rules: jus ad bellum economicum — or the principles concerning when economic sanctions can be used — and jus in bello economico — or the principles concerning limits governing sanctions programs.