This Note analyzes the United Nations' use of sanctions in Haiti to draw lessons for the future use of sanctions and argues that there is an inherent tension in the Charter between measures called for under Article 41 and the United Nations' obligations under Article 55. Part I of this Note presents the background and the legal bases for U.N. sanctions. Part I also discusses the adoption of measures to solve Haiti's crisis outside of and within the Chapter VII framework of the U.N. Charter. Part II examines the debate surrounding the use of sanctions to solve Haiti's crisis. Part III argues that the U.N. imposed sanctions undermined the organization's mandate to promote Haiti's economic and social development pursuant to Article 55 of the Charter. Part III also suggests that due to the lack of enforcement alternatives available to the United Nations to maintain international peace and security, the United Nations needs to improve its procedural mechanisms for the implementation and monitoring of sanctions. This Note concludes that, while sanctions are viable policy tools, the United Nations must apply the sanctions within the limits set out in Article 55 of the U.N. Charter.
U.N. Sanctions in Haiti: A Contradiction Under Articles 41 and 55 of the U.N. Charter,
20 Fordham Int'l L.J. 1878
Available at: http://ir.lawnet.fordham.edu/ilj/vol20/iss5/13