THE EXTRATERRITORIAL AND SECONDARY SANCTIONS OF THE UNITED STATES AGAINST IRAN, THEIR EFFECTS AND IRAN’S REACTIONS

Date

2024-5-12

Author

Mermertaş, Halis

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Unilateral economic sanctions by states, which are on the rise in 21st century, have been intensely discussed in the context of both international political disputes and international law. The United States is the country that has imposed the biggest number of unilateral economic sanctions in the world. Iran is one of the countries that the US has imposed the greatest number of sanctions against. While the legality of the unilateral sanctions imposed by the US on Iran is also controversial, the extraterritorial and secondary sanctions imposed by the US in the context of Iran are more controversial both politically and legally as they draw other countries into the equation of US sanctions against Iran. Since unilateral economic sanctions are generally used by states as a tool to achieve political objectives, the assessment of their legality under international law may be affected by the nationality of the author. Therefore, this thesis analyzes the compatibility of the unilateral economic sanctions imposed by the US on Iran, especially extraterritorial and secondary sanctions, with international law in the context of the jurisdictional rules and principles of international law. For this purpose, firstly, the types, rules and principles of economic sanctions, as well as the international law sources by which they are governed, were studied. The terms and conditions under which unilateral sanction decisions of states are in compliance with international law are analyzed. Most importantly whether the extraterritorial and secondary sanctions imposed by the US on Iran are in compliance with international law is discussed, especially in the context of prescriptive jurisdiction. In addition, the effects of the US sanctions on Iran and the methods used by Iran to circumvent these effects are also covered. The main arguments of the thesis are that not only the United Nations but also individual states such as the United States can impose economic sanctions in accordance with international law by respecting certain rules and principles; therefore, it is not possible to argue that the unilateral sanctions imposed by the United States on Iran categorically violate international law; and some of the extraterritorial and secondary sanctions imposed by the United States against Iran comply with international law, while others violate international law.

Subject Keywords

International Economic Law, Unilateral Sanctions, Financial Sanctions, Extraterritorial Jurisdiction, Secondary Sanctions, Iran

URI

https://hdl.handle.net/11511/109517

Collections

Graduate School of Social Sciences, Thesis