5: Coercion in IR Flashcards
conflict resolution
- peaceful settlement of disputes
- negotiation, mediation, international judicial proceedings, arbitration, etc. - coercive measures
- either coercion without the use of force or military coercion
coercive measures as conflict resolution
coercion as an enforcement mechanism
- putting pressure on a target
objective to force a modification of behaviour and dangers
- objective is not punishment
- just want the target to modify its bad, wrongful and illegal conduct
logically, it has to be temporary
- has to stop when the target modifies behaviour, compiles with IL or is no longer a danger
2 main forms of coercion
- collective coercive measures taken within an intra-national organisation towards its member states
- within an institutionalised framework like the UN or EU - individual coercive measures
- states can take uti singuli
- no need for UN SC authorisation
also non-military and military measures
individual coercion: retorsion
lawful but unfriendly and harmful act
- falls within a government’s sovereign powers so any government can use it as a tool of pressure
objective to show condemnation, criticism and displeasure
e.g. withdrawal of foreign diplomats (persona non grata where there is no justification necessary to expel foreign diplomats), visa policy (restriction of entry as a sovereign power), severance of economic/commercial cooperation in international trade (tariffs)
individual coercion: reprisal
counter-measures that are more severe and harsh since you are authorised to violate IL to effectuate a strong pressure on the wrong-doer under strict conditions
- reacting to illegality with a secondary illegality
economic sanctions/embargoes that result in partial/total interruption of all economic communication
pacta sunt servanda at stake since it ensures the general obligation of every country to comply with treaty obligations and general customs
exceptional tool since there would be a lot of chaos if all states start violating IL and justifying it with previous illegality
- states have to argue that they are reacting to illegality and it has to be proportional to the first illegality
- state has to issue a warning and previous call to the wrong-doer to comply (chance given to respect IL)
even if you resort to reprisals, you can never violate jus cogens
- validated and tolerated by law but you can never violate peremptory norms
reprisals are also temporary and stop when the wrongful act stops
collective coercion
enhances efficiency
- increases pressure and harm cause when countries join in the effort to cut off relations
- idea of the quantity effect that raises the success of sanctions
- multiplication of effects when more states participate so greater legitimacy
collective coercions with an international organisation
- sometimes already a system of mandatory sanctioning
- all member states would have a legal obligation to participate in sanctions (more reinforced and stronger than individual coercion)
most robust coercion system in the world is the UN
- obligatory coercion where participation in the coercion is imposed on some or all states and also exclusive coercive power (not belonging to the states uti singuli) where there is use of military force
- UN SC as the central actor of the collective security system
members of the UN SC
UK, US, Russia, China, France
other 10 countries elected by the general assembly
9 votes out of 15 necessary to adopt a resolution imposing sanctions in the world
- only one vote out of the permanent 5 will block this
limitations to the UN SC collective security system
only to maintain and restore international peace and security
- coercion is not unlimited
coercive measures used only to eliminate the danger and restitute a situation of peace
why a collective security system?
indivisibility, solidarity of peace, interdependence between states
community of states among themselves preventing the use of force in IL and acts of aggression
coercive powers of the UN SC found in Chapter 7 of the UN Charter (different from Chapter 6 which is about the peaceful settlement of disputes)
2 key articles in Chapter 7 of the UN Charter
legal regime of the coercive powers
Art 41 - legal regime of intra-national sanctions, non-military restrictions
Art 42 - UN SC’s military powers and mandate of the use of force
2 levels in the UN security system
centralised decision (adopted by UN SC)
decentralised implementation (by member states at home)
targeted sanctions
directly against individuals responsible for the threat or breach of peace and not the state in general itself
careful precision of selected sanctions
- attempt to not let these sanctions impact the general population
smart/intelligent sanctions
- create blacklists/consolidated lists to nominally determine concrete individuals and firms/companies that will be targeted
legal basis for sanctions and compliance from member states in Art 25
