Just and Unjust Sanctions: the Case Study of Iran by Shani Hormozi a Thesis Presented to the University of Waterloo in Fulfilmen
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Just and Unjust Sanctions: The Case Study of Iran by Shani Hormozi A thesis presented to the University Of Waterloo in fulfilment of the thesis requirement for the degree of Doctor of Philosophy in Global Governance Waterloo, Ontario, Canada, 2016 © Shani Hormozi 2016 Author’s Declaration I hereby declare that I am the sole author of this thesis. This is a true copy of the thesis, including any required final revisions, as accepted by my examiners. I understand that my thesis may be made electronically available to the public. ii Abstract This dissertation aims to accomplish two major goals: 1. To provide a theoretical framework for studying and evaluating justice in sanctions by modifying and expanding the Just War Tradition (JWT); 2. To apply this theoretical framework, Just Sanctions theory (JST), in order to study justice in sanctions on Iran. Accordingly, first I introduce a new theoretical framework: Just Sanctions Theory (JST), and then I use the theory to explore the degree to which the authorization and implementation of sanctions against Iran have been just. In this analysis, it is important to distinguish, compare and contrast the sanctions authorized by the United Nations (UN) from those authorized by the US and the EU. I carry out this analysis realizing fully that the contexts of UN and non-UN sanctions on Iran are deeply intertwined. The findings of this research substantiate my hypothesis that the authorization of non-UN sanctions against Iran has not been just and that non-UN sanctions have not been implemented justly. In contrast, I argue that both the authorization and implementation of UN sanctions on Iran were less unjust. At the same time, however, I show that the impacts of sanctions against Iran from all three sources, in general, have been overarching and indiscriminate. Furthermore, I examine the degree to which the rapid globalization of transnational economic connections facilitates to this day the deep and destructive living conditions of the citizens of Iran. Such conditions have emerged as a consequence of the sweeping and crunching impositions of sanctions. Lastly, given the recent developments in Iran’s nuclear case and the partial sanctions relief Iran has received, I briefly analyze “Just Post Sanctions” in the case of Iran. In carrying out the necessary research, I have conducted both field research (in Iran) and library research (primary and secondary sources); in addition, I have devoted a portion of iii my research to the content analysis of statements by both sides (sanctioner(s) and target) as well as content analysis of sanctions-related documents. iv Acknowledgements First and foremost I would like to express my special appreciation and thanks to my advisor, Professor William D. Coleman. Professor Coleman has been an exceptional academic role model. His unique teaching, mentoring and advising style have all been highly motivating for me especially as I also aim for a career as a university professor. Professor Coleman skillfully helped me stay focused on my research during tough times and made my first experience of studying abroad one of the most joyful, fruitful, and satisfactory experiences in both my personal and professional lives. I am also especially grateful to Professor janet M. Lang and Professor James G. Blight for their insightful comments and encouragement with my research. They have always been an invaluable source of friendship and support throughout my entire Ph.D program experience. I would similarly like to thank Professor Paul Freston for his constructive criticisms and suggestions with my research. He truly helped widen my research to include more perspectives. Furthermore, I would like to acknowledge and thank all of the funding sources that generously facilitated my studies and research. I was awarded with the Ontario Trillium Scholarship for the first four years, the Balsillie Doctoral Fellowship for the past five years, the International Doctoral Student Award for the first four years, and University of Waterloo Doctoral Thesis - Completion Award for my final semester. I would also like to acknowledge the Dana Porter Library at the University of Waterloo, where I was openhandedly provided with research facilities and a peaceful research environment during many long days and nights. Finally, I would like to thank my beloved parents for their immense love and encouragement throughout all of my pursuits. v Dedication This thesis is dedicated to my father, Fereidoun, and mother, Simin, who have been an endless source of love and support throughout my entire life. I cannot express how grateful I am to have such a wonderful parents. I would also like to dedicate my thesis to all those who have tried and will try to promote justice in the world and mitigate the suffering of people either through their academic research or their practices. vi Table of Contents Author’s Declaration ........................................................................................................ ii Abstract ............................................................................................................................ iii Acknowledgements ............................................................................................................ v Dedication .......................................................................................................................... vi List of Figures…………………………………………………………………………….x List of Graphs…………………………………………………………………………....xi List of Charts……………………………………………………………………………xii List of Tables.….…………………………………………………………….……….....xii Introduction ....................................................................................................................... 1 War, Sanctions, and Justice ...................................................................................................... 2 Research questions and hypothesis .......................................................................................... 4 Research Plan ............................................................................................................................. 5 Chapter One: Addressing the Argument; Theoretical Framework, Contribution and Literature Reviews, and Methodology ............................................................................ 8 1. Just War Tradition (JWT) ................................................................................................ 9 1.1. Justice of War (jus ad bellum) .................................................................................... 10 1.2. Justice In War (jus in bello) ........................................................................................ 11 1.3. Justice Before War (jus ante bellum) & Justice After War (jus post bellum) ............. 12 2. How Is the Theoretical Foundation of JWT Applicable to Studying Sanctions? ....... 13 3. Just Sanctions Theory (JST): Operationalization of Key Concepts ............................ 13 3.1. Just Authorization of Sanctions .................................................................................. 14 3.2. Just Implementation of Sanctions ............................................................................... 23 3.3. Just Post-Sanctions ...................................................................................................... 27 4. Contribution and Innovation According to the Existing Literature Review .............. 28 5. Methodology ...................................................................................................................... 33 Chapter 2: Just Authorization of Sanctions (Part I) .................................................... 34 1. Comparative Just Cause .................................................................................................. 35 1.1. Comparative Just Cause for Nuclear-Related Sanctions Against Iran ........................ 36 1.2. Comparative just cause for human rights-related sanctions against Iran .................... 59 1.3. Comparative just cause for terrorism-related sanctions against Iran .......................... 68 Chapter 3: Just Authorization of Sanctions (Part II) .................................................. 71 1. Right objective .................................................................................................................. 72 1.1. The sanctioners’ narrative on sanctions core objectives ............................................. 72 1.2. Iran’s narrative on sanctions’ core objectives ............................................................. 73 1.3. Examining the criterion ............................................................................................... 75 2. Last resort ......................................................................................................................... 76 2.1. The opposing countries’ narrative on appealing to nuclear-related sanctions as the “last resort” ............................................................................................................................ 76 2.2. Iran’s narrative on appealing to nuclear-related sanctions as the “last resort” ........... 80 2.3. Studying the “last resort” criterion regarding human rights and terrorism-related sanctions against Iran ............................................................................................................ 83 2.4. Examining the criterion ............................................................................................... 84 3. Proportionality