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The developed/developing divide on unilateral coercive measures : legitimate enforcement or illegitimate intervention?

Alexandra Hofer UGent (2017) CHINESE JOURNAL OF INTERNATIONAL LAW. 16(2). p.175-214
abstract
Unilateral coercive measures are condemned by the UN General Assembly on a yearly basis for being contrary to international law and for having negative effects on human rights and the economy of developing States. Although legal doctrine generally finds that the limitations of economic coercion are a grey area of international law, these resolutions could be indicative of an emerging prohibition. Upon closer scrutiny, however, it would appear that they do not satisfy the required criteria—as developed by international jurisprudence and doctrine—for establishing a new custom. That being said, the resolutions clearly illustrate a divide between developed and developing States on the legitimacy of unilateral sanctions that should not be dismissed. In the interests of understanding how this division came into existence and how we can overcome it, the article proceeds to address the social factors that lead to its creation.
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author
organization
year
type
journalArticle (original)
publication status
published
subject
keyword
sanctions, unilateral coercive measures, united nations general assembly, non-aligned movement, group of 77 plus China, European Union, United States of America
journal title
CHINESE JOURNAL OF INTERNATIONAL LAW
volume
16
issue
2
pages
175 - 214
publisher
Oxford University Press (OUP)
Web of Science type
Article
Web of Science id
000409113600002
ISSN
1540-1650
1746-9937
DOI
10.1093/chinesejil/jmx018
language
English
UGent publication?
yes
classification
U
id
8548732
handle
http://hdl.handle.net/1854/LU-8548732
date created
2018-02-09 08:58:41
date last changed
2018-05-16 14:27:59
@article{8548732,
  abstract     = {Unilateral coercive measures are condemned by the UN General Assembly on a yearly basis for being contrary to international law and for having negative effects on human rights and the economy of developing States. Although legal doctrine generally finds that the limitations of economic coercion are a grey area of international law, these resolutions could be indicative of an emerging prohibition. Upon closer scrutiny, however, it would appear that they do not satisfy the required criteria---as developed by international jurisprudence and doctrine---for establishing a new custom. That being said, the resolutions clearly illustrate a divide between developed and developing States on the legitimacy of unilateral sanctions that should not be dismissed. In the interests of understanding how this division came into existence and how we can overcome it, the article proceeds to address the social factors that lead to its creation.},
  author       = {Hofer, Alexandra},
  issn         = {1540-1650},
  journal      = {CHINESE JOURNAL OF INTERNATIONAL LAW},
  keyword      = {sanctions,unilateral coercive measures,united nations general assembly,non-aligned movement,group of 77 plus China,European Union,United States of America},
  language     = {eng},
  number       = {2},
  pages        = {175--214},
  publisher    = {Oxford University Press (OUP)},
  title        = {The developed/developing divide on unilateral coercive measures : legitimate enforcement or illegitimate intervention?},
  url          = {http://dx.doi.org/10.1093/chinesejil/jmx018},
  volume       = {16},
  year         = {2017},
}

Chicago
Hofer, Alexandra. 2017. “The Developed/developing Divide on Unilateral Coercive Measures : Legitimate Enforcement or Illegitimate Intervention?” Chinese Journal of International Law 16 (2): 175–214.
APA
Hofer, A. (2017). The developed/developing divide on unilateral coercive measures : legitimate enforcement or illegitimate intervention? CHINESE JOURNAL OF INTERNATIONAL LAW, 16(2), 175–214.
Vancouver
1.
Hofer A. The developed/developing divide on unilateral coercive measures : legitimate enforcement or illegitimate intervention? CHINESE JOURNAL OF INTERNATIONAL LAW. Oxford University Press (OUP); 2017;16(2):175–214.
MLA
Hofer, Alexandra. “The Developed/developing Divide on Unilateral Coercive Measures : Legitimate Enforcement or Illegitimate Intervention?” CHINESE JOURNAL OF INTERNATIONAL LAW 16.2 (2017): 175–214. Print.