Mednarodnopravni vidiki sprejema sankcij s strani Evropske unije proti tretjim državam

slovenian

2016

volume 71, issue 9/10

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

The European Union (EU) is becoming an increasingly important actor in the sphere of international peace and security and imposes sanctions against states outside Europe on a regular basis. Legal basis for imposition of such sanctions under the EU primary law is unequivocal, however, its international legal basis is less clear. Based on the analysis of possible international legal justifications the article proposes division on non-autonomous and autonomous sanctions of the EU. Non-autonomous sanctions are based on the United Nations Security Council (UNSC) Resolutions and are measures of collective security. In the course of implementation of such resolutions it remains questionable to what extent the EU is bound by the obligations arising from the law of the UN, since it is not its member. Lawfulness of autonomous measures on the other hand can be justified in general rules of international law on responsibility (countermeasures), customary international rules on termination and suspension of the operation of treaties or law of the World Trade Organisation (WTO).

29.05.2017