While sanctions proliferated after the Cold War, concerns remain about their effectiveness and humanitarian impact. In addressing these concerns, scholars have offered diverse frameworks generally emphasizing sanctions' design or application. This thesis argues that the proper focus of concern is conceptually prior to each of these. In fact, lacking political will has been characteristic of sanctions cases and the root of sanctions' failures. Significantly, the cost-benefit calculus informing policymakers' political will has been systematically incomplete. Sanctions are often judged on their lifting, in the country on which they were imposed, yet this unreasonably crops out broader sanctions' impact. Sanctions have an understudied capacity for creating vacuums filled by indigenous influences, for lastingly restructuring societies, and for affecting human capital, each in a manner obstructive of post-conflict peacebuilding and reconstruction. This has vital policy relevance given its impact on substantive international peace and security, the breech of which initially spurs sanctions. Contemporary efforts in Iraq, Haiti, Serbia, and South Africa are explored in illustration.

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From Introduction: There are few more emotive and contentious contemporary issues of enduring nature than the subject of economic sanctions and South Africa. The controversy surrounding this issue has implications for the structure of international social, political and economic order. The threads of the debate are woven into the historical fabric of the past two decades, during which the acrimony of arguments both for and against sanctions on South Africa has increased. Indeed, for each argument in the debate can be found a counter-argument and "lies, damned lies and statistics" abound. The complex and widespread nature of the question has elevated a practical issue into the realm of theoretical analysis. This thesis is neither purely descriptive nor purely theoretical. It has essentially two focal points, firstly, an attempt at a systematic and reasoned investigation of the many claims and counter-claims, designed to put these arguments into a broad economic framework. There is generally a greater volume of pro-sanctions literature than anti-sanctions literature, some of which is freely available in South Africa, while some is restricted and some not available at all. However, this partial lack of accessibility would seem to pose no material problem of omission: as much of the literature is repetitive, the unavailable material is usually adequately "represented" by material which is available. Also a great part of the literature contains little or no economic analysis since it focuses more on political issues. In this respect the thesis tries to represent the main points of the broad arguments concerned rather than individual nuances and personal viewpoints. It is concerned with sanctions of an economic nature rather than wider sanctions that may affect South African citizens more generally, for example, sport and diplomatic boycotts, bans and restrictions on international travel, etc.

Thesis (M.A.)--University of Missouri-Columbia, 2004. / Typescript. Includes bibliographical references (leaves 39-40). Also available on the Internet.

Thesis (M.A.)--University of Missouri-Columbia, 2004. / Typescript. Includes bibliographical references (leaves 39-40). Also available on the Internet.

<p>Under the United Nations Charter, the Security Council may decide what measures, not involving the use of armed force, are to be employed to give effect to its decisions and may call upon member States to apply such measures in order to maintain or restore international peace and security.2 One of the measures that can be decided on is sanctions. Sanctions have, to a large extent, been imposed to defend human rights. Economic sanctions were commonly believed to be a mechanism that was a humane alternative to war. During the last decade, the Security Council has applied economic sanctions in several cases that, in turn, have drawn the attention of different United Nations human rights bodies and mechanisms to their possible impact on the enjoyment of human rights.3 Fundamentally, any economic sanctions programme&rsquo / s main objective is to induce dysfunction in the trade and financial systems of the target State.</p>

Title from PDF of title page (University of Missouri--Columbia, viewed on Feb. 15, 2010 ). The entire thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file; a non-technical public abstract appears in the public.pdf file. Dissertation advisor: Dr. A. Cooper Drury. Vita. Includes bibliographical references.

The growth in the use of collective and unilateral economic sanctions in the post-Cold-War epoch calls for a re-examination of the legal basis and constraints on the implementation of sanctions. This thesis is an attempt to explore, from a legal point of view, the problems and restrictions associated with sanctions, and suggest ways in which economic sanctions can be rendered more legitimate in terms of international legal requirements. / Unilateral and collective economic sanctions are based on different legal premises: the traditional theory of retaliation and treaty principles respectively. It will be argued that a breach of an erga omnes obligation is also a legitimate legal basis for economic sanctions. / Key cases in which sanctions have been used will be reviewed and it will be contended that, in addition to traditional economic considerations, sanctions should be subject to other limitations such as respect for principles of international humanitarian law. Issues regarding the legitimacy of the Security Council's actions and authority will also be addressed and possible ways of controlling the actions of the Security Council will be put forth. / After determining the restrictions on implementation of sanctions, proposals for refining current practices of imposing economic sanctions are submitted. In conclusion, it is submitted that unilateral sanctions are subject to serious legal constraints and that collective sanctions have the potential of being used in a more humane and institutionally coherent way.

<p>Under the United Nations Charter, the Security Council may decide what measures, not involving the use of armed force, are to be employed to give effect to its decisions and may call upon member States to apply such measures in order to maintain or restore international peace and security.2 One of the measures that can be decided on is sanctions. Sanctions have, to a large extent, been imposed to defend human rights. Economic sanctions were commonly believed to be a mechanism that was a humane alternative to war. During the last decade, the Security Council has applied economic sanctions in several cases that, in turn, have drawn the attention of different United Nations human rights bodies and mechanisms to their possible impact on the enjoyment of human rights.3 Fundamentally, any economic sanctions programme&rsquo / s main objective is to induce dysfunction in the trade and financial systems of the target State.</p>

This thesis studies sanctions and South Africa to show that sanctions can be an effective instrument of foreign policy. It provides a general study on sanctions and South Africa that is not limited to economic factors alone. It develops a framework for analysis using legal, economic and political factors that form the components of sanctions such as the legality of sanctions, the actors which impose sanctions, types of sanctions, the purposes and targets of sanctions, and the response of targets. The effectiveness of sanctions as an instrument of foreign policy is assessed, and factors that limit or enhance their effectiveness are identified. The investigation is in two parts. The first part uses the framework to examine international cases other than South Africa. The second part uses the same framework to examine sanctions against South Africa. Fundamental to the study is the fact that although sanctions are widely used in the conduct of international relations, the research on them is meagre in comparison with the available literature on other instruments of foreign policy such as diplomacy and war. The study finds that from a legal viewpoint there is no apparent rule in international law that prohibits the imposition of sanctions. For sanctions to succeed, sanctioners must commit themselves to making the sanctions work from the point of implementation and enforcement. Different types of sanctions achieve different levels of effectiveness. Even if sanctions do not fulfil their stated purpose, they do often fulfil other purposes which may, in fact, be more important. When faced with sanctions, targets invariably react to their imposition. The effectiveness of sanctions cannot be measured by economic and stated objectives alone. When additional criteria are used, it is found that contrary to conventional wisdom, sanctions are an effective instrument of foreign policy.