On Sanctions and the Enforcement of International Law

Sanctions are often seen as a tool for the enforcement of international law. This article argues that sanctions cannot function as a legitimate tool for enforcement in this context because, as presently designed and deployed, they lack authority in the Razian sense. This is a result of the fact there is a necessary connection between legitimate authority and the rule of law (rol). Evaluating sanctions practice through a rol lens reveals that sanctions do not meet basic rol standards. They are mainly imposed by a certain group of powerful states, and their use is inconsistent and unpredictable. While others have critiqued sanctions as ineffective or inappropriate tools for enforcing international law, approaching the issue through the rol allows us to critique sanctions on law’s own terms. This perspective highlights how current sanctions practice is not only inadequate but counter-productive – it undermines the very legal authority it seeks to invoke.