Use of Transnational Law as a Tool of Political Pressure and Coercion
Keywords:
Transnational Law, International Politics, Coercion, Human Rights, EffectivenessAbstract
Transnational law is a law that regulates and limits the actions of states. In its application, many of the methods permitted by transnational law are used by a stronger state to coerce the attitudes and actions of a weaker state. Despite its uncertain effectiveness, this phenomenon is a common occurrence and often ends in violations of the human rights of the people of the affected countries.
References
A Basic Introduction To Transnational Law, University Of California, Berkeley.
Amnesty International (2022), “Ukraine 2022”, London
ARSIWA (Articles on the Responsibility of States for Internationally Wrongful Acts) Art. 49
Deniz Baran, “What is the International Law on Unilateral Sanctions?: Examining the Case of Unilateral Sanctions Imposed on Russia”, Al Sharq Strategic Research, 22 April 2022
Draft Committee, “Universal Declaration of Human Rights”, Palais de Chaillot, Paris, December 10, 1948
Eric Stein (1958), Jessup: Transnational Law, Michigan Law Review, Volume 56 issue 6, University of Michigan Law School.
Farer, Tom J. “Political and Economic Coercion in Contemporary International Law.” The American Journal of International Law, vol. 79, no. 2, 1985, pp. 405–13. JSTOR,
How wars end, Parley Policy Cable No. 16 (August 20, 2022)
Hultman, L., & Peksen, D. (2017). Successful or Counterproductive Coercion? The Effect of International Sanctions on Conflict Intensity. The Journal of Conflict Resolution, 61(6), 1315–1339
ICRC (International Committee of the Red Cross”, “Limits of warfare”
Joan Donoghue(2013), The Role of the World Court, Columbia Law School
John Whalley, “Shifting Economic Power” University of Western Ontario, Centre for International of Governance Innovation and CESifo Munich, Germany, september 2009
Khan, Mujeeb R.. "coercion". Encyclopedia Britannica
Negro, G.. (2017). The validity of treaties concluded under coercion of the state: Sketching a Twail critique. European Journal of Legal Studies. 10. 39-60.
Ohchr (Office of the High Commissioner for Human Rights), Human rights and unilateral coercive measures: UN Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, Ms. Alena Douhan, concludes her visit to Qatar, 12 November 2020
Ohchr, “International Progress Organization, Appeal against Sanctions, Submission to the Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities, Commission on Human Rights”, 1996.
Reus-Smit, C. (Ed.). (2004). The Politics of International Law (Cambridge Studies in International Relations). Cambridge: Cambridge University Press.
Soerjono Soekanto 1990 77-78
The United Nations Rome Statute of the International Criminal Court. International Organizations, 2001. Web Archive.
UNSC, “Combating Terrorism”, S/RES/1456, 2003; UNSC, “Continuation of Measures Imposed Against the Taliban and Al-Qaida”, S/RES/1822, 2008; UNGA, “Supplement to an Agenda for Peace”, A/RES/51/242, 1997
Youngseok Park, KIEP, Understanding economic coercion,
Downloads
Published
Issue
Section
License
QISTINA: Jurnal Multididiplin Indonesia is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).