The Ethics of Economic Sanctions: Why Just War Theory is Not the Answer
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The Ethics of Economic Sanctions: Why Just War Theory is Not the Answer Elizabeth Ellis1 Accepted: 14 September 2020 © The Author(s) 2020
Abstract On 24 December 2017, the UN Security Council imposed its toughest sanctions yet on North Korea. The measures, intended to thwart nuclear ambitions, are some of the most extensive sanctions imposed in recent times. They place severe restrictions on the export of crude oil and refined petroleum to that state, ban the export of arms, dual use equipment, rocket fuel, natural gas, luxury goods and financial services, ban the import of coal, iron, gold, seafood and textiles from North Korea, and include asset freezes and travel bans for targeted individuals. Economic sanctions raise serious moral issues, not least because if properly enforced they can cause significant harm to their targets. How should we assess their moral permissibility? Several authors have pointed out analogies between economic sanctions and war and then applied the just war principles (just cause, proportionality, etc.) to the problem. This approach has faced little critical scrutiny. I argue that the straightforward application of just war principles to sanctions is misguided. There is a significant difference between war and economic sanctions: war is constituted by bombing, shooting or stabbing but economic sanctions are constituted by refusing to trade. While there is a strong pro tanto duty to not bomb, shoot or stab individuals, there is no comparable pro tanto duty to trade. That does not mean sanctions are always morally permissible, only that the moral issues involved are very different. We have no reason to believe that moral principles developed to govern war are also appropriate for governing sanctions. This approach to the ethics of economic sanctions ought to be abandoned. Keywords Ethics of economic sanctions · Economic sanctions · Just war theory · Duty to trade On 24 December 2017, the United Nations Security Council imposed its toughest sanctions yet on North Korea. The measures, intended to thwart that state’s nuclear * Elizabeth Ellis [email protected] 1
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ambitions, include drastic restrictions on the amount of crude oil and refined petroleum that may be sold to North Korea and a requirement that North Korean nationals working abroad be repatriated. This comes on top of existing measures which banned sales of arms, dual use equipment, rocket fuel, natural gas, luxury goods and financial services to North Korea, and banned the import of coal, iron, gold, seafood and textiles from North Korea. In addition, some North Korean individuals have been specifically targeted by asset freezes and travel bans.1 Several states, including the United States, Japan and South Korea, have gone further and unilaterally imposed sanctions which go above and beyond the UN measures. These are some of the most extensive economic sanctions imposed in recent times. Economic sanctions raise serio
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