Why and How Do Regional Organizations Impose Sanctions on their Member States? A Comparative Approach

The imposition of sanctions has become a crucial component of regional governance in recent years. The African continent represents a significant test case: the numerous episodes of civil wars and political instability have made it the most sanctioned geographical area on the planet, by regional and sub-regional organizations. It is possible to conduct a comparative analysis of this growing practice across the different continents, based on various criteria: the types of sanctions (membership suspension, but also targeted measures); the reasons behind and the protected values (democracy and rule of law); the rules and procedures for their adoption. It is a shared view that Article 53 of the UN Charter does not require regional organizations to seek authorization from the UN Security Council to impose sanctions against their own members, provided that this power is contemplated in the organization’s constituent instrument. Undoubtedly, such measures should be considered as lawful ab initio. However, recent episodes have been problematic from the viewpoint of their legal qualification, as regional sanctions did not completely follow established procedures and rules.