Research Handbook on UN Sanctions and International Law
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Research Handbook on UN Sanctions and International Law

Edited by Larissa van den Herik

The 1990s have been labeled the ‘Sanctions Decade’, since they witnessed an unprecedented intensification of the use of collective non-military enforcement measures, and in particular sanctions, by the post-Cold War reactivated Security Council. This Research Handbook studies the current practice of UN sanctions in international law, their interrelationship with other regimes and substantive areas of law, as well as issues arising from their implementation and application at the domestic level.
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Chapter 7: UN natural resources sanctions regimes: incorporating market-based responses to address market-driven problems

Daniëlla Dam-de Jong

Abstract

Measures targeting illegal trade in natural resources have become a prominent feature of modern UN sanctions regimes, the purpose of which is to stop natural resources from financing brutal internal armed conflicts or terrorist activities. In order to fine-tune these measures and to strengthen their implementation, the UN Security Council has made active use of informal mechanisms, ie forms of international cooperation between States, civil society and the business community, setting standards for a responsible trade in natural resources. The objective of this chapter is to assess the interplay between UN Security Council sanctions regimes and these informal mechanisms. The chapter focuses on the Kimberley Process for the Certification of Rough Diamonds (KPCS) for the trade in diamonds, on the due diligence framework developed by the UN Group of Experts on the DR Congo, the OECD and the International Conference on the Great Lakes Region (ICGLR) for the trade in tin, tantalum, tungsten and gold (3TG) and on the International Consortium on Combating Wildlife Crime for the trade in wildlife products. The chapter argues that interaction between UN Security Council sanctions regimes and informal mechanisms is ultimately mutually beneficial and necessary, notwithstanding the fact that their objectives do not always coincide. Keywords diamonds, minerals, wildlife, Kimberley, OECD, informal mechanisms, armed conflict, Security Council, sanctions, international law

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