A STUDY ON ECONOMIC SANCTIONS: STRATEGY FOR THE NORTH KOREAN NUCLEAR AND HUMAN RIGHTS CRISES-INTERNATIONAL LAW PERSPECTIVE-

摘要

North Korea has been criticized not only for manufacturing weapons of mass destruction but also for denying its people the most basic rights. In response to the North Korean crises, there have been two different approaches: economic sanctions or engagement. This study is to analyze whether and how the international community could change the North Korean behavior effectively under international norms. The U.N. Charter expressly contemplates that economic sanctions may be imposed in order to maintain or restore international peace and security. Sanctions under the United Nations can be imposed when there is a threat of or breach of the peace. If the Council determines gross violations of human rights as a threat to peace, it can play a pivotal role in protecting. Humanitarian causes limit the scope and types of economic sanctions. Economic sanctions are limited by humanitarian causes. Further, comprehensive economic sanctions are not effective. North Korea has an extremely authoritarian political structure and it would make economic sanctions less effective. Sanctions might contribute directly to the economic hardship of North Koreans. There is no hope that sanctions may strengthen NGOs, opposition groups or movements in North Korea. The elite and the military do not suffer while the rest of the population starves. On the other hand, economic engagement would strengthen reformer groups within the North Korean government, empower entrepreneurs, produce a middle class and interest groups, and eventually stimulate some form of civil society. Engagement with North Korea will weaken the regime?s authority to control the people. It would directly secure the right to food. Engagement expands the international community's alternatives. Engagement with North Korea should be encouraged. North Korea finds that the only way to ensure its security is to change its relationship with the U.S. from hostility to reconciliation. An effective international strategy to force North Korea to respect international norms is to fully engage the country. A package deal with North Korea can be considered.