PAIL Institute Publications

PAIL Institute Monograph Series

United Nations Sanctions Management: A Case Study of the Iraq Sanctions Committee, 1990-1994

Author(s): Conlon, Paul

Hardcover - 205 pages (2000)
ISBN: 1-57105-059-0

Price: US $115.00

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About This Publication

This is the first book-length study ever undertaken of the functioning of a Security Council sanctions committee. It analyzes in detail substantive UN sanctions law, the operation of mandatory Chapter VII sanctions, and their practical enforcement strategies. The author offers recommendations, both legislative and organizational, for improving the effectiveness of multilateral sanctions measures for the future. Providing a rare insider's view of this aspect of international law and organization, and based largely on previously unpublished documents, United Nations Sanctions Management will be of great interest for the light it sheds on the background to the current UN impasse in Iraq. There are two statistical tables, four flowcharts, lists of committee members and meetings, and a select bibliography.

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About The Author(s)

Paul Conlon, a former Security Council official with experience in several UN sanctions exercises, is owner of Transjuris e.K., an international legal information and support firm in Munich, Germany.

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Reviews

No reviews are available for this publication.

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Availability

United Nations Sanctions Management: A Case Study of the Iraq Sanctions Committee, 1990-1994 is available from:

Transnational Publishers, Inc.
Ardsley Park Science & Technology Center
410 Saw Mill River Road
Ardsley, New York 10502-2615

(914) 693-5100
(800) 914-8186 (toll free)
(914) 693-4430 (fax)
email: info@transnationalpubs.com
http://www.transnationalpubs.com

United Nations Sanctions Management is also available from Amazon.com.

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Table of Contents

	List of Tables and Figures				ix
	Editor's Foreword				xi
	Preface and Acknowledgments				xiii
Chapter 1: Introduction: Background to the Iraq Sanctions Committee					1
	A.	The Structure of Security Council Sanctions			1
		1.	Lack of a General Theory of UN Sanctions		1
		2.	Legal Setting of Security Council Sanctions		6
		3.	Sanctions, Strategies and Their Effectiveness		12
	B.	The Actors			15
		1.	Delegates of Committee Members		15
		2.	Secretariat Officials		18
		3.	Member States		21
Chapter 2: Organizational Aspects of the Committee's Work					25
	A.	Conduct of Meetings			27
		1.	Meetings and Delegates		27
		2.	Committee Decision-Making		28
		3.	Waiver Action Procedures		32
		4.	Non-Transparency and Its Ramifications		34
	B.	Work of the Secretariat			36
		1.	The Staff of the ISC		36
		2.	Resources and Working Methods		39
		3.	Attempts at Computerization		42
Chapter 3: Functional Aspects of the Committeee's Work					45
	A.	Interpretation of Security Council Resolutions			45
		1.	General Need for Interpretation		45
		2.	Methods of Arriving at Consensus		49
		3.	Decisions Related to Financing Trade		53
		4.	Arms Control (Iraq's Long-Term Disarmament)		54
		5.	Control of Iraqi Frozen or Impounded Assets		56
	B.	Administration of Humanitarian Waivers			59
		1.	Basic Categories and Procedures		59
		2.	Decision-making Criteria		65
		3.	The Issue of Economic Warfare		74
		4.	Goal Conflict Between Enforcement and Humanitarianism		76
		5.	Codification and Systemization		78
		6.	Good Faith		78
		7.	The Failure to Refine Criteria		79
	C.	Sanctions Violations			80
	D.	Control of Flights			80
		1.	Flight Clearance and Aircraft Inspection		87
		2.	The Sudan Meat Flights		93
	E.	Article 50 Consultations			98
Chapter 4: The Failure of Sanctions Enforcement					111
	A.	Abuse of Humanitarian Waivers			111
		1.	Infeasible Waiver Actions		111
		2.	The Purposes of Waiver Fraud		115
	B.	Assessment and Early Warning			122
		1.	Attempts at Internal Assessment		122
		2.	Attempts to Create Early Warnings		127
	C.	The Committee's Flawed Strategy			134
		1.	Bilateral Model of Complex Trading Relations		134
		2.	Sanctions Without a Control Regime		140
		3.	No Clear Obligation to Consult and Inform		143
		4.	The Unclear Nature of Humanitarian Trade		145
		5.	The Lack of Committee Response to Sanctions Evasions		148
		6.	Effects of Procedural Non-Transparency		151
	D.	The Secretariat's Institutional Inadequacy			152
		1.	The Committee Secretariat's Administrative Work		152
		2.	Attempts to Involve Management Expertise		156
Chapter 5: Conclusions					161
	A.	Consequences for Future Security Council Sanctions			161
		1.	Experiences after 1991		161
		2.	Problems in Sanctions Enforcement		165
		3.	Proposed Solutions		168
		4.	The Role of Sanctions in International Governance		170
		5.	The Way Forward		172
	B.	Consequences for U.N. Reform Endeavors			175
		1.	Security Council Centrality in the Charter's Structure		175
		2.	The Importance of a Professional Civil Service		178
		3.	The Role of Foreign Ministries		180
		4.	International Governance Based on Weak Structures		182
	Appendix 1: Note on Citation of U.N. Documents				187
	Appendix 2: List of Members and Committee Meetings				189
	Select Bibliography				195
	Index				197
	About the Procedural Aspects of International Law Institute				203
	Procedural Aspects of International Law Monograph Series				203
	Other PAIL Institute Publications				205