ABSTRACT
This chapter questions the extent to which restrictive measures of the European Union contribute to the European Union’s sanctioning powers. This is not so obvious if one considers that restrictive measures are part of the practice of international sanctions: they consist either of measures to enforce collective measures decided by the Security Council of the United Nations, or of unilateral measures adopted by the European Union proprio motu in reaction to behavior that it considers contrary to international law. However, could it not also be considered that the Union, while pursuing the objective of respecting international law, would also be pursuing the objective of respecting its own law, values and interest? In this chapter, I begin by demonstrating how the connection between sanctioning international law and sanctioning EU values is made in the practice of restrictive measures. I then highlight three legal mechanisms by which the European Union exports its values and its interpretation of law on the international scene: the coordination of Member States in third international organisations, the insertion of specific clauses in its international treaties, and the reaction to serious violations of customary international human rights law. Ultimately, it appears that while the practice of restrictive measures may be considered in some respects as a means of expressing the European Union’s sanctioning powers, it is necessary to consider the consequences of the exercise of such a power – especially when it is unilateral – on third parties, who might ultimately challenge its legitimacy.
