Chapter 9: Articulating UN sanctions with unilateral restrictive measures
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Authors of ‘sanctions’ can sometimes be the UN, sometimes states, and sometimes both at once. The question then arises as to how all these sanctions fit together, and more precisely what bearing their articulation can have on the lawfulness of the unilateral restrictive measures. Different hypotheses arise. First, unilateral restrictive measures can merely implement UN sanctions. How far does the latter provide the former with a sort of ‘legal immunity’? Second, unilateral restrictive measures can go further than UN sanctions. Are the latter to be interpreted as a ‘floor’ or as a ‘ceiling’. Unilateral restrictive measures can also appear as ‘replacing’ UN sanctions the adoption of which is precluded by a veto. Is an ‘almost adopted decision’ legally relevant? Third, and finally, unilateral restrictive measures can run counter to a UN sanction. This seems unlikely to happen, but such a case has been argued.

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