Forthcoming
I. V. Gudkov, M. L. Entin
The Law of Force and the Force of Law in a Changing World: Unilateral Coercive Measures
The article presents a critical legal analysis of unilateral coercive measures in international relations. The study encompasses both non-military (sanctions-related) and military forms of coercion, examined in their interrelation. The authors focus on strategic issues for which current international law does not provide clear answers, and propose avenues for enhancing legal certainty and strengthening anti-sanctions policy.
The article argues that the key political precondition for the persistence of unilateral coercion is the dysfunctionality of the UN collective security system, resulting from divergent positions of the permanent members of the Security Council on questions of law and fact in the realm of maintaining international peace and security. Legal uncertainty is compounded by the absence of an established practice of international adjudication that would allow for the clear specification of the content of universal standards of conduct.
As the principal means of overcoming the current situation, the authors propose the formulation by the states of the global majority of a coordinated normative vision of the relevant standards, followed by its consistent elaboration and institutional defense on the international stage. The concluding section of the article sets forth a program of practical measures aimed at shaping a normative model of a polycentric world order in which the application of unilateral coercive measures would be reduced to a closed list of strictly defined and objectively verifiable exceptions. The program encompasses both the development of new norms (lex ferenda) and measures to enhance the effectiveness of existing norms (lex lata). The establishment of an international counter-sanctions solidarity mechanism is proposed for the implementation of these initiatives.
The publication appears in Issue No. 2 of the HSE University Journal of International Law for 2026 (Vol. 4, No. 2).
The full text of the article is already available for review.