Stick-Based Approach to Human Rights Protection: Are Unilateral Export Controls the Right Answer?

By: Alexandr Svetlicinii and Xueji Su

PDF: Stick-Based Approach

States are increasingly deploying trade sanctions as a reaction to human rights transgressions that occur outside their borders. Export controls have emerged as a crucial tool among the available policy alternatives. The efficacy of these tactics in achieving human rights objectives, however, remains a contentious issue, and their compliance with international law, especially international trade law, remains uncertain. This Article offers the first thorough analysis of export control measures aimed at safeguarding human rights outside national boundaries. Firstly, this Article presents the state-of-the-art international and country practices in this respect, exploring and contrasting the emerging practices in the United States and the European Union. Additionally, it scrutinizes the legality of unilateral export restrictions in accordance with international law. Furthermore, it assesses the efficacy and adequacy of export control measures in safeguarding human rights in terms of their four key functions: declaratory, preventative, coercive, and punitive. Ultimately, the study reveals the shortcomings and prospects of unilateral export control mechanisms in promoting adherence to human rights laws.