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Biersteker Portela 2015 EU Sanctions
Biersteker Portela 2015 EU Sanctions
2015
Charles Sykes/AP/SIPA
EU sanctions in context: three types
by Thomas Biersteker and Clara Portela
All international sanctions are embedded in standing in European law through two pieces of
larger contexts of overlapping policy instru- legislation: a Council decision under the CFSP
ments and other sanctions regimes. Yet we tend followed by the adoption of a regulation. The
to look at sanctions and evaluate their effective- EU sanctions on Liberia, Angola, Guinea Bissau,
ness from the vantage point of a single sender Somalia, the Democratic Republic of the Congo
of sanctions – whether it is the UN, the EU, or (DRC), the Central African Republic (CAR), and
an individual country like the United States – South Sudan are all examples of this type of EU
rather than consider the combined and inter- sanction. The EU measures are thus ‘embedded’
active effects of different, co-existing sanctions in universally applicable UN sanctions, legiti-
regimes. mated by the UN Security Council and, at least
in theory, implemented by all member states of
EU sanctions tend to be imposed in conjunction the UN. Since these measures simply give effect
with measures by other actors: their interplay to United Nations Security Council (UNSC) de-
deserves closer analysis in terms of sequencing, cisions, no independent role or initiative of the
objectives, complexity and legitimacy. The lat- EU is observable here.
ter is particularly important, given recent criti-
cisms of unilateral sanctions measures voiced at Second, there are EU autonomous sanctions
UN forums such as the General Assembly and that go beyond UN sanctions, sometimes de-
the Human Rights Council. scribed as ‘supplementary’ measures. These are
additional measures taken to strengthen UN
Three types of ‘embeddedness’ sanctions regimes. Often, these are based upon
the wording of UNSC resolutions. For exam-
There are three different major types of EU ple, when the UN Security Council urges mem-
sanctions applied in combination with other ber states to ‘exercise vigilance’ with regard to
sanctions regimes. First, there is the EU as an the implementation of sanctions taken under
implementer of UN sanctions. All members Chapter VII, the EU may decide to add supple-
of the UN are obliged to implement sanctions mentary sanctions. The EU sanctions on Iran
measures adopted under Chapter VII of the since 2010, the Democratic People’s Republic of
UN Charter, and the EU gives such measures Korea (DPRK), Libya in 2011, and Côte d’Ivoire
Genuinely autonomous EU sanctions have prov- One final point: the EU regards itself as an un-
en even more controversial. Indeed, this type of equivocally multilateral actor given that it imple-
sanction is currently being challenged in the con- ments UN-mandated measures stringently and al-
text of a recent (26 September 2014) resolution most invariably imposes sanctions in unison with
on unilateral coercive measures at the UN Human other senders. Supplementary and autonomous
Rights Council. Here, the EU’s commitment to measures, however, are tricky. Instead of firmly
multilateralism is put to the test, since multilat- positioning the EU as a multilateral actor, they
eral sanctions are understood as UN-mandated have the potential of doing exactly the opposite:
measures only. In the sanctions field, the EU is for much of the non-Western world, these meas-
undoubtedly a cooperation-oriented partner: the ures are perceived as illegitimate, as evidenced by
Union almost invariably works closely in tandem several initiatives at UN level to which the EU has
with the US. Its bans often co-exist with sanctions not yet responded. And supplementary sanctions
imposed by regional organisations, which it sees can create reputational problems for the UN it-
as enhancing the regional and global legitimacy of self, when it is included collectively in blame for
its measures (not to mention their effectiveness). measures applied by the EU and other senders.
Finally, the legality of individual designations fea- Clara Portela is Assistant Professor of
tured on both UN and EU sanctions lists has also Political Science at Singapore Management
been challenged through litigation in European University.
courts, often successfully (in two out of three
cases). Thus, while the EU views itself as a team
player in its sanctions effort, the legitimacy of its
measures is increasingly questioned.