A hidden function of US secondary sanctions: blocking the right to development
Keywords:
secondary sanctions, anti-competitive measures, restrictive business practices, United States, UNCTADAbstract
This article strengthens existing arguments that US secondary sanctions violate international law. It proposes that they constitute a restrictive business practice that obstructs the right to development. Such sanctions penalise trade and competition that economists consider essential for development. By deterring foreign companies from doing business with states or major economic actors targeted by US primary sanctions, secondary sanctions effectively reserve the target’s market for US companies once sanctions are lifted. Secondary sanctions, operating internationally, meet the definition of restrictive business practices that the UN Conference on trade and development has sought to curtail domestically. It may therefore offer a mechanism for challenging them on such grounds.
References
- Köchler H, editor. Economic sanctions and development. Vienna: International Progress Organization; 1997. 24 p.
- Ruys T, Ryngaert C. Secondary sanctions: a weapon out of control? The international legality of, and European rlesponses to, US secondary sanctions. British Yearbook of International Law. 2020;2020:1–116. DOI: 10.1093/bybil/braa007.
- Terry PCR. Secondary sanctions: why the US approach is unlawful and the EU’s response is ineffective. Global Trade and Customs Journal. 2022;17(9):370–379. DOI: 10.54648/gtcj2022052.
- Strauss MJ. The (il)legality of unilateral sanctions in light of the inadequacy of humanitarian exemptions. Journal of the Belarusian State University. International Relations. 2021;1:86–97.
- De Vries BA. The export performance of developing countries. Finance and Development. 1968;5:2–7.
- Alexander K. Economic sanctions: law and public policy. London: Palgrave Macmillan; 2009. 359 p.
- Douhan A, editor. Humanitarian impact of unilateral sanctions and over-compliance: theoretical challenges and practical implications. Paris: Académie de Géopolitique de Paris; 2025. 324 p.
- Poblete L, Havila V, Anderson H, Gidhagen M, Medlin CJ. Resuming business operations after a Hiatus: the case of reappearing relationships. Industrial Marketing Management. 2022;106:256–266. DOI: 10.1016/j.indmarman.2022.09.002.
- Dauda S. The effects of competition on jobs and economic transformation. Washington: World Bank; 2020. 42 p.
- Asadzade Z. The importance of competition in the formation of a favorable business environment. International Journal of Innovative Technologies in Economy. 2024;2:1–11. DOI: 10.31435/rsglobal_ijite/30062024/8146.
- Qaqaya H, Lipimile G, editors. The effects of anti-competitive business practices on developing countries and their development prospects. New York: United Nations; 2008. 659 p.
- Levenstein M, Suslow VY. Contemporary international cartels and developing countries: economic effects and implications for competition policy. Antitrust Law Journal. 2004;3:801–852.
- Teshome RG. The draft convention on the right to development: a new dawn to the recognition of the right to development as a human right? Human Rights Law Review. 2022;22(2):1–24.
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