Unilateral Sanctions - a Vestige of a Unipolar World: the Conceptualization of the Legal Position of the Brics Countries

AuthorA. Kapustin - B. Khabriev
PositionInstitute of Legislation and Comparative Law under the Government of the Russian Federation (Moscow, Russia) - Central Economic and Mathematical Institute of the Russian Academy of Sciences (Moscow, Russia)
Pages67-94
BRICS LAW JOURNAL Volume VI (2019) Issue 4
unILATERAL SAnCTIonS – A VESTIGE oF A unIPoLAR woRLD:
THE ConCEPTuALIZATIon oF THE LEGAL PoSITIon
oF THE BRICS CounTRIES
ANATOLY KAPUSTIN,
Institute of Legislation and Comparative Law under the Government
of the Russian Federation (Moscow, Russia)
BULAT KHABRIEV,
Central Economic and Mathematical Institute
of the Russian Academy of Sciences (Moscow, Russia)
https://doi.org/10.21684/2412-2343-2019-6-4-67-94
The eorts of the BRICs countries to establish a fair international legal order determine
the scholarly interest in conceptualizing the legal position on the inadmissibility of the use
of unlawful unilateral coercive measures in international relations. This paper adopts an
interdisciplinary approach to the study of the phenomenon of combating discriminatory
sanctions policies of individual states and international organizations, including elements
of economic, legal and international legal analysis. The subject of the authors’ interest
is not the methodology of “economic analysis” of legal phenomena, which is recognized
in legal science; rather, it is an attempt to synthesize the methods of various disciplines,
allowing a comprehensive assessment of the possibility of countering “sanctions threats”
to the state sovereignty of Russia as one of the members of BRICS. The main directions of
the economic policy of the state in the conditions of the “sanctions regime,” the features of
acts of Russian legislation aimed at protecting sovereignty from illegal unilateral restrictive
measures, in the historical context, and taking into account modern views, the doctrinal
approaches to the concept of “sanctions” in the science and practice of international law
are all analyzed. As a result, it is found that the pluralism of approaches to the denition of
“sanctions” is maintained, which is explained by the insucient level of international legal
regulation of international coercion and the continuing decentralization of the system
of international law. The grounds for the legitimacy of sanctions mechanisms operate
in the system of collective security of the U.N., based on the analysis of the provisions of
the U.N. Charter and the normative array of recommendatory norms of the U.N. General
BRICS LAW JOURNAL Volume VI (2019) Issue 4 68
Assembly. The evolution of the mechanism of non-military coercive measures of the
U.N. Security Council is analyzed, and the parameters of the legitimac y of sanctions by
regional international organizations on the basis of the provisions of the U.N. Charter
are determined. Normative contours of “soft regulators” of counteractions to illegitimate
unilateral coercive measures are established.
Keywords: BRICS; unilateral restrictive measures; countermeasures; sanctions; U.N.
Charter.
Recommended citation: Anatoly Kapustin & Bulat Khabriev, Unilateral Sanctions –
A Vestige of a Unipolar World: The Conceptualization of the Legal Position of the BRICS
Countries, 6(4) BRICS Law Journal 67–94 (2019).
Table of Contents
Introduction
1. BRICS Is Against Unilateral Restrictive Measures
2. Economic Measures to Counter the “Sanctions Challenges”
to the Sovereignty of Russia
3. Legislative Measures to Counter Sanctions Challenges
to the Sovereignty of Russia
4. The International Legal Estimation of Sanctions
5. Sanctions in the U.N. Collective Security Mechanism
6. The Parameters of the Legitimacy of the Regional International
Organizations Sanctions
Conclusion
Introduction
Modern international relations are characterized by increased competition
between the leading states and their unions. This competition manifests itself
in various spheres (security, economy, information interaction, etc.) and often
leads to the complication of bilateral inter-state relations, the aggravation of old
contradictions and the emergence of new conict centers. Increasingly, states and
their associations use coercive means and methods in foreign policy to achieve
their goals.
International law of the 20th centur y acquired its appearance largely under the
inuence of a number of global factors that manifested themselves during the
century – t wo world wars, the collapse of the colonial system, the Cold War, the

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