TABLE OF CONTENTS
Content Page
Title Page i
Certification ii
Dedication iii
Acknowledgements iv
Abstract vi
List of Tables xii
List of Cases xiii
List of Abbreviations xiv
List of Instruments xvi
List of U.N Resolutions xvii
CHAPTER ONE: INTRODUCTION
1.1 Background to the Study 1
1.2 Statement of Problem 8
1.3 Objective of the Study 11
1.4 Research Questions 12
1.5 Methodology 12
1.6 Scope of the Study 13
1.7 Significance of the Study 14
1.8 Operational Definition of Terms 15
1.9 Structure of the Study 16
CHAPTER TWO: REVIEW OF LITERATURE
2.0 Introduction 18
2.1 Conceptual Model 18
2.1.1 Global Governance 18
2.1.2 The Concept of Sanctions 26
Content Page
2.2 Architects in Global Governance 30
2.2.1 International Institutions 30
2.2.2 Countries 35
2.2.3 Non-Governmental Organizations- NGOs 37
2.2.4 Experts 38
2.2.5 Multinational Corporations-MNCs 39
2.3 The United Nations: at the Center of Global Governance 41
2.4 Challenges of Global Governance 44
2.5 Theoretical framework 46
2.5.1 Network Governance 46
2.5.2 The Theory of Collective Security 48
CHAPTER THREE: UNITED NATIONS SECURITY
COUNCIL SANCTIONS MECHANISMS IN CURBING
THREATS TO GLOBAL PEACE AND SECURITY
3.1 The Security Council 53
3.1.2 Composition of the Security Council 54
3.2 The Sanctions Committee 57
3.2.1 Originating Powers of the Sanctions Committee 58
3.2.2 The Capacity and Administrative Techniques of the Sanctions Committees 58
3.3 Legal basis for UN Security Council Sanctions 60
3.3.1 Sanctions Under League of Nations “Covenant” 61
3.3.2 United Nations Charter 62
3.3.3 Sanctions under the UN Charter 63
3.3.4 Comparison of the UN charter and its precedent 66
3.4 History of sanctions 68
3.5 Objectives and Purposes of UN Security Council sanctions 69
3.5.1 Settlement of Dispute 70
3.5.2 Limitation of Nuclear Weapon 71
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3.5.3 Opposing Terrorism 73
3.5.4 Establishing Democracy 75
3.5.5 Safety of Ordinary Citizens 77
3.6 Logic and types of Sanctions 79
3.6.1 Economic Sanctions 79
3.6.2 Political Sanctions 82
3.6.3 Smart or Targeted Sanctions 83
3.6.4 Unilateral sanctions 84
3.7 Obligations to Implement and Comply with UN Sanctions 85
3.8 The Morality of Sanctions 86
3.9 Humanitarian Consequences of Sanctions 88
3.10 Evasion of Sanctions or Sanctions Bursting 90
3.11 Termination of Sanction Regimes 92
CHAPTER FOUR: UN SECURITY COUNCIL
SANCTIONS AGAINST STATES: SOME SELECTED
CASE STUDIES
4.0 Introduction 94
4.1 UN Sanctions on Iran –Background 95
4.1.1 History Of Sanctions On Iran 96
4.1.2 Sanctions on Nuclear Program 99
4.1.3 Financial Sanction 103
4.1.4 Oil And Gas Sanction 106
4.1.5 Shipping and Cargo Inspections 107
4.1.6 Panel of Experts 107
4.1.7 UN Sanctions on Arm To Be Terminated Later 110
4.2. UN Sanctions on Libya-Background 110
4.2.1 No Fly Zone 112
4.2.2. Enforcements of Arms Embargo 114
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4.2.3 Ban on Flights 115
4.2.4 Asset freeze 115
4.2.5 Designation 116
4.2.6 Panel of Experts 116
4.3. UN Sanctions on North Korea-Background 118
4.3.1 Regulating Enforcement Measures 120
4.3.2 Realistic Enforcement Measures 120
4.3.3 Arms Embargo 121
4.3.4 Ban on Luxury Goods 122
4.3.5 Financial Sanctions 123
CHAPTER FIVE: THE EMERGENCE OF TARGETED
SANCTIONS UNDER THE AUSPICES OF THE UNITED
NATIONS SECURITY COUNCIL
5.0 Introduction 125
5.1 From Comprehensive to Targeted Sanctions 126
5.2 Who is Targeted? 130
5.3 Smart Sanctions against Individuals 135
5.3.1 Osama Bin Laden-Background 137
5.3.2 UN Sanctions against Osama Bin Laden 139
5.3.3 Muammar Gaddafi-Background 142
5.3.4 UN Sanctions On Mammaur Gaddafi 144
5.4. Targeted Sanctions against Groups 145
5.4.1 ISIL (Islamic State of Iran and Levante)-Background 146
5.4.1.1 UN Resolutions on ISIL 146
5.4.2 The AQT (Al Qaeda and Taliban)-Background 147
5.4.2.1 UN Sanctions On Al Qaeda and Taliban 148
5.4.3 Challenges of Targeted Sanctions by Individuals 149
5.5 Review of Cases 150
5.5.1 The Kadi Case 150
Page
5.5.2 The Al-Jedda Case 153
5.6 Evaluation of the Effectiveness of UN Targeted Sanctions 155
5.7 Shortcomings of the Targeted Sanctions Regime 159
5.8 The UN Security Council Reforms on Targeted sanctions 163
CHAPTER SIX: SUMMARY, CONCLUSION
AND RECOMMENDATIONS
6.0 Introduction 167
6.1 Summary 167
6.1.1 Summary of Findings 168
6.2 Conclusion 177
6.3 Recommendations 179
6.3.1 Genuine Deliberation on Law of Human Rights 179
6.3.2 Development on the Strategies of The Sanctions Committee 180
6.3.3 Assessment of Sanction Episodes 180
6.3.4 Amendments of the UN Chatter 181
6.3.5 Establishment of an Autonomous Review Procedure 181
6.3.6 Enhancement of the Standard of public Awareness/debate 182
6.4 Contribution to Knowledge 182
6.5 Suggestions for Further Studies 183
REFERENCES 185
LIST OF TABLES
Table Page
5.1 Effectiveness of UN targeted Sanctions 158
5.2 A summary of Sanctions Effectiveness distribution 159
LIST OF CASES
Al-Jedda v. United Kingdom, Appl. No. 27021/087, ECtHR (Judgment) [Grand Chamber] (7 July 2011).
Behrami and Behrami v. France, Grand Chamber, (Application No. 71412/01)
Saramati v. France, Germany and Norway, Grand Chamber, (Application No. 78166/01),
31 May 2007.
Vlastimir and Borka Bankovic and others v Belgium, and others, Grand Chamber,
(Application No. 52207/99), 12 December 2001.
Yassin Abdullah Kadi v. European Commission, [2010] ECR II-0000 (30 September
2010).
LIST OF ABBREVIATIONS
ACHR: American Convention on Human Rights
AU: African Union
BRICS: Brazil, China, India, the Russian Federation and South Africa
BWC: Biological Weapons Convention
CFSP: Common Foreign and Security Policy
CJEU: European Court of Justice
CPHRFF: Convention for the Protection of Human Rights and Fundamental
CWC: Chemical Weapons Convention
DPRK: Freedoms Democratic People’s Republic of Korea
ECHR: European Convention on Human Rights
ECtHRT: The European Court of Human Rights
EU: European Union
FATF: Financial Action Task Force
G.A.T.T.: General Agreement on Tariffs and Trades
G7: The Group of 7
HCOC: Hague Code of Conduct against Ballistic Missile Proliferation
I.M.F: International Monetary Fund
IAEA: International Atomic Energy Agency
ICAO: International Civil Aviation Organization
ICCPR: International Covenant on Civil and Political Rights
ICESCR: International Covenant on Economic, Social and Cultural Rights
IMO: International Mari-time Orga¬nization
INTERPOL: International Police
ISAF: International Security Assistance Force
ISIL: Islamic State of Iraq and Levant
ISU: Implementation Support Unit
ITF: International Tennis Federation
IRA: Irish Republican Army
JCPOA: Joint Comprehensive Plan of Action
MTCR: Missile Technology Control Regime
NATO: North Atlantic Treaty Organization
NTBT: Nuclear-Test-Ban Treaty
NTC: National Transitional Council
OCHA: The Office for the Coordination of Humanitarian Affairs
OIC: Organisation of Islamic Cooperation (‘OIC’)
OPCW: Organization for the Prohibition of Chemical Weapons
OSCE: Organization for Security and Co-operation in Europe
PTBT: Partial Test Ban Treaty
SCO: Shanghai Cooperation Organization
SWIFT: Society for Worldwide Interbank Financial Telecommunication
TSC: Targeted Sanctions Consortium
UEFA: Union of European Football Federation Associations
UK: United Kingdom
UN: United Nations
UNCIO: United Nations Conference on International Organization
UNODA: United Nations Office for Disarmament Affairs
UNSC: United Nations Security Council
USA: United States of America
WB: World Bank
WCO: World Customs Organization
WTO: World Trade Organization
LIST OF INSTRUMENTS
Charter of the United Nations, 24 October 1945, 1 UNTS XVI
Covenant of the League of Nations, 28 April 1919
European Communities and Certain Related Acts, 1997 O.J. C 340/1
European Convention for the Protection of Human Rights and Fundamental Freedoms,
Protocols Nos. 11 and 14, 4 November 1950, ETS 5
Treaty Establishing the European Atomic Energy Community, Mar. 25, 1957, 298 U.N.T.S. 167
Treaty Establishing the European Community (Consolidated Version), Rome Treaty, 25 March 1957
Treaty of Versailles of 28 June 1919
Treaty on European Union (Lisbon Treaty) 2007, OJ C 306/255
Treaty on European Union (Maastricht text), 29 July 1992, O.J. C 191/1
LIST OF UNITED NATIONS SECURITY COUNCIL RESOLUTIONS
SC/RES/1 (1946) adopted by the Security Council at its 2nd meeting.
SC /RES/1970 (2011) adopted by the Security Council at its 6491st meeting.
SC/RES/1132 (1997) adopted by the Security Council at its 3822nd meeting.
SC/RES/1160 (1998) adopted by the Security Council at its 3868th meeting.
SC/RES/1193 (1998) adopted by the Security Council at its 3921st meeting.
SC/RES/1214 (1998) adopted by the Security Council at its 3952nd meeting.
SC/RES/1267(1999) adopted by the Security Council at its 4051st meeting.
SC/RES/1333(2000) adopted by the Security Council at its 4251st meeting.
SC/RES/1343 (2001) adopted by the Security Council at its 4287th meeting.
SC/RES/1363(2001) adopted by the Security Council at its 4352nd meeting.
SC/RES/1373(2001) adopted by the Security Council at its 4385th meeting.
SC/RES/1390 (2002) adopted by the Security Council at its 4452nd meeting.
SC/RES/1518 (2003) adopted by the Security Council at its 4872nd meeting.
SC/RES/1521 (2003) adopted by the Security Council at its 4890th meeting.
SC/RES/1533 (2004) adopted by the Security Council at its 4926th meeting.
SC/RES/1572 (2004) adopted by the Security Council at its 5078th meeting.
SC/RES/1591 (2005) adopted by the Security Council at its 5153rd meeting.
SC/RES/1672 (2006) adopted by the Security Council at its 5423rd meeting.
SC/RES/1718 (2006) adopted by the Security Council at its 5551st meeting.
SC/RES/1737 (2006) adopted by the Security Council at its 5612th meeting.
SC/RES/1874 (2009) adopted by the Security Council at its 6141st meeting.
SC/RES/1907 (2009) adopted by the Security Council at its 6254th meeting.
SC/RES/1970 (2011) adopted by the Security Council at its 6491st meeting.
SC/RES/1973 (2011) adopted by the Security Council at its 6498th meeting.
SC/RES/1988 (2011) adopted by the Security Council at its 6557th meeting.
SC/RES/2087 (2013) adopted by the Security Council at its 6904th meeting.
SC/RES/2094 (2013) adopted by the Security Council at its 6932nd meeting.
SC/RES/2231 (2015) adopted by the Security Council at its 7488th meeting.
SC/RES/2270 (2016) adopted by the Security Council at its 7638th meeting.
SC/RES/232 (1966) adopted by the Security Council at its 1340th meeting.
SC/RES/300 (1995) adopted by the Security Council at its 1592nd meeting.
SC/RES/316 (2013) adopted by the Security Council at its 1650th meeting.
SC/RES/3333 (2000) adopted by the Security Council at its 2322nd meeting.
SC/RES/661 (1990) adopted by the Security Council at its 2933rd meeting.
SC/RES/678 (1990) adopted by the Security Council at its 2963rd meeting.
SC/RES/751 (1992) adopted by the Security Council at its 3069th meeting.
SC/RES/752 (1992) adopted by the Security Council at its 3075th meeting.
SC/RES/757 (1992) adopted by the Security Council at its 3082nd meeting.
SC/RES/788 (1992) adopted by the Security Council at its 3138th meeting.
SC/RES/820 (1993) adopted by the Security Council at its 3200th meeting.
SC/RES/841 (1993) adopted by the Security Council at its 3238th meeting.
SC/RES/841 (1993) adopted by the Security Council at its 3238th meeting.
SC/RES/864 (1993) adopted by the Security Council at its 3277th meeting.
SC/RES/872 (1993) adopted by the Security Council at its 3288th meeting.
SC/RES/873 (1993) adopted by the Security Council at its 3291st meeting.
SC/RES/917 (1994) adopted by the Security Council at its 3376th meeting.
SC/RES/918 (1994) adopted by the Security Council at its 3377th meeting.
SC/RES/955 (1994) adopted by the Security Council at its 3453rd meeting.
SC/RES/2337(2017) adopted by the Security Council at its 7866th meeting.
CHAPTER ONE
INTRODUCTION
1.1. Background to the Study
The crises and threats presently being experienced worldwide are alarming and far beyond the sustenance, grip and control of the states wherein, their occurrences take place. Countries are warring against one another, some are so deviant that they produce nuclear and ballistic materials. Individuals and groups are executing terrorist activities that are unimaginably destructive and contaminable deadly diseases such as Ebola are sometimes not efficiently curtailed since they run across states’ borders. Moreover, during this era, we have Populist insurgency across the globe, ‘BREXIT’, Niger fraud and speculations that some states may also withdraw their membership from powerful organizations like the United Nations. There are also unfriendly environmental occurrences and situations, some nations are still not democratised, there is general insecurity in all spheres of life (water, food, health, shelter and even clothing), and the standard of living per person declines daily.
The way in which the world can become a better place by overcoming the problems mentioned above through established and available actors/stakeholders, resources, mechanisms and systems is crucial to this work.
Global governance is growingly necessary to achieve international peace and security especially as the world becomes more interconnected and complex. For over a half century, the global governance institutions have been persistently responsible for the management of general global menace in all spheres of human security. Since globalisation emerged, the powers of global institutions have grown to ensure international security and stability.