Safeguarding the Human Rights of Civilian Population in an Environment of Economic Sanctions: A Study on the Boundaries of International Law

aut.embargoNoen_NZ
aut.filerelease.date2023-07-18
aut.thirdpc.containsNoen_NZ
dc.contributor.advisorWaring, Marilyn
dc.contributor.advisorGraham Davies, Sharyn
dc.contributor.authorTayebi, Leila
dc.date.accessioned2019-07-18T04:47:11Z
dc.date.available2019-07-18T04:47:11Z
dc.date.copyright2019
dc.date.issued2019
dc.date.updated2019-07-16T23:35:36Z
dc.description.abstractIran has been the target of the United Nations Security Council economic sanctions, imposed under Chapter VII of the UN Charter, from 2006 to 2015. This research aims at understanding and addressing the impacts of the Security Council sanctions on the civilian populations of Iran during that period. The impacts of the coercive measures of the Security Council have been analysed through constructivist and rights-based approaches to development. The arguments of the thesis relate to fundamental human rights, especially the provisions of the International Covenant on Economic, Social, and Cultural Rights. The focus of the study highlights the concepts of justice and dignity of the human person at the core of international law. This research conducts an impact evaluation on the environment of economic sanctions in Iran. It has been established that the consequences of economic sanctions, even though smart or targeted, are felt by civilian populations, especially by the most vulnerable groups in society, because their access to resources are imperilled due to trade barriers, deprivation, and economic imbalance. The fact-finding and monitoring mechanisms of the UN have also been reviewed in an evaluative framework. The findings demonstrate that, rather than the ‘impacts’ of sanctions, their ‘implementation’ is the focus of the Security Council monitoring mechanism. The research concludes that the accountability of the Security Council towards the impacts of its actions on the human rights of vulnerable populations is inadequate. The Security Council actions or inactions may be incompatible with the development goals of the UN, and are not subject to judicial review. The research presents a proposition for enhancing the respect for fundamental human rights in the decisions of the Security Council, and for establishing a judicial mechanism for reviewing the Security Council measures that breach the fundamental rights of human persons.en_NZ
dc.identifier.urihttps://hdl.handle.net/10292/12675
dc.language.isoenen_NZ
dc.publisherAuckland University of Technology
dc.rights.accessrightsOpenAccess
dc.subjectInternational Lawen_NZ
dc.subjectEconomic Sanctionsen_NZ
dc.subjectHuman Rightsen_NZ
dc.subjectUnited Nationsen_NZ
dc.subjectBoundaries of International Lawen_NZ
dc.subjectUnited Nations Economic Sanctionsen_NZ
dc.subjectUnited Nations Security Councilen_NZ
dc.subjectSecurity Councilen_NZ
dc.subjectUNSCen_NZ
dc.titleSafeguarding the Human Rights of Civilian Population in an Environment of Economic Sanctions: A Study on the Boundaries of International Lawen_NZ
dc.typeThesisen_NZ
thesis.degree.grantorAuckland University of Technology
thesis.degree.levelDoctoral Theses
thesis.degree.nameDoctor of Philosophyen_NZ
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