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Max Planck Encyclopedia of Public International Law [MPEPIL]

Sanctions

Alain Pellet, Alina Miron

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 09 December 2022

Subject(s):
Countermeasures — Armed forces — Reprisals — Act of state — Economic sanctions

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 There are few legal concepts which polarize so many different and, sometimes, antagonist connotations than that of ‘Sanction’, a notion which, at the same time lies at the heart of the determination of the nature of an order as legal or not. In effect, many writers consider sanctions to be the very criterion for the identification of a legal (compared to a non-legal) order (see Kelsen [1953] 13–17; see also Laquièze, at 1381) or, at least, as the condition for its effectiveness. In this Kelsenian (or Kelsen-inspired) conception, the legal order is characterized...
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