By adopting a Global Human Rights Sanctions regime, the European Union took a new step in leveraging its power to respond to human rights violations globally. The regime has a general scope, and targets both state and non-state actors. This paper shows that this regime occupies a tension zone between two competing approaches to sanctions: a self-help approach that perceives sanctions as deriving authority from states’ sovereignty and subservient to their foreign policy, and a global governance approach that views sanctions as deriving authority from and bound by the objectives of specific international legal regimes they enforce. The tension between these approaches comes into stark view when constructing the listing criteria and policy objectives of the sanctions, which determine the scope of targets and duration of measures. Whether and how subsequent practice resolves this tension will be determined by certain legislative and interpretive moves by the EU Council and Court.

通过采用全球人权制裁制度，欧盟在利用其权力应对全球侵犯人权行为方面迈出了新的一步。该制度具有一般范围，针对国家和非国家行为者。本文表明，该制度在两种相互竞争的制裁方法之间处于紧张地带：一种将制裁视为从国家主权中获得权力并服从于其外交政策的自助方法，以及一种将制裁视为获得权力的全球治理方法受其执行的具体国际法律制度的目标约束。在制定制裁的列名标准和政策目标时，这些方法之间的紧张关系显而易见，这决定了目标的范围和措施的持续时间。