UN Sanctions and Regional Organisations: an Analytical Framework

The post-Cold War period has witnessed a proliferation of sanctions by regional organizations: whereas the first decade was characterised by the economic measures taken by ECOWAS and OAS, in recent years the African Union has been one of the most dynamic players, imposing both suspensions of membership and targeted sanctions in reaction to unconstitutional changes of government within the regional area. Moreover, the European Union has adopted sanctions against non-Member States. In at least four cases in Africa, non-forcible measures were adopted by the UNSC, as well as by the EU and the AU. Given the great variety of practice, it is important to chart this diversity and to offer an analytical framework for understanding the possible interplay with UN sanctions. A fundamental distinction should be made between regional measures simply implementing UN sanctions, and the adoption of autonomous measures by regional organizations. Their legal qualification depends on whether they constitute sanctions against Members under the establishing treaty or countermeasures under general international law. Situations of concurrence with UN sanctions might occur also in these scenarios: for instance, when a UNSC decision comes after a regional organization has already taken action, or when a UN sanctions regime represents the basis for more extensive regional measures. It is important to reconstruct the legal framework governing the relationship between UN and regional organizations on the issue of non-forcible measures.