Introduction
As observed by the United Nations Convention, most of the international sanctions originate from political situations between two or more countries that share a common trade base or interact in business and commercial activities. Sanctions are thus defined as restrictions that are imposed on countries for political reasons but directly affect the economic situations in the affected country or the well being of the citizens involved. The international law of contract seems to care less about the effect of these sanctions on the citizens, who most of the time have no direct role in the cause of the differences in political perspectives of the two or more countries involved. This study should give the international governments in Europe and Asia an insight into the effects of the seemingly innocent sanctions to the common citizens who are less concerned with the political scenarios between two or more feuding states. Thus, they are innocent and should face these problems that have been caused by somebody else.
Background
There exist previous studies that have been conducted on the role of sanctions in increasing poverty and the unemployment rate in affected countries, which directly influence the social life and thus well being of the citizens (UNCITRAL, 2005). Statistics show that about half of the populations end up surviving while the rest die from illnesses that are related to psychological, emotional and mental factors in the society. The increase in the number of sanctions in the previous decade has been attributed to the increase in nuclear weapon production and oil mining activities in the East. The research clearly focuses on the need to control and monitor the causes of political misunderstandings and how to ensure that the consequences are used to positively reverse the already existing sanctions.
Aims and purposes of the study
The purpose of this study is to analyze the impact of sanctions on individual countries that have been affected by the same sanctions so as to determine any possible means that will help in lifting part or the whole of the sanction. The consequences that I intend to focus on are those that are triggered by economical and political sanctions that purely influence trade and commerce in relation to the growth between the two countries. The underlying concepts are those that target the political relationship to one another of the two or more countries involved in a sanction (Ralston, 1959). In addition, I shall take a look into how democracy can be attained from political and economical sanctions that have been sanctioned.
Data collection
Interview is the method chosen to collect data to provide detailed information which will enable the success of the research. The face-to-face (direct) interview between the respondent and interviewer is my favoured mode of data collection. This is because this method has several merits that will ensure the success of my research as listed below:
This method has immediate feedback from the respondent because questions that are raised by the interviewer are answered there and then by the respondent. This enables the researcher to save time in data collection. In addition, the interviewer is able to see the reaction of the interviewee as s/he is being interviewed thus making the information obtained to be more credible. The interviewer’s reaction will help the interviewee to know whether the information given is factual or not.
Through Physical observation, the body language of the respondent provides the opportunity to weigh or read deeper into the response given in determining depth of sincerity by the respondent. Body language includes facial expression, movement of the fingers, arms, feet and shoulders.
There is time to clarify and ask for additional information about the answers given. This enables the researcher to be fully equipped with adequate information about the research hence making it very credible.
However, the interview method has some limitations. For instance, some respondents may be shy to answer questions thus making them not willing to talk freely and give the needed information. The interpreter may misinterpret the question that is being asked and the answer being given during the translation process.
Methodology
Research questions/hypotheses
In this study the research question is:
How does decision making influence the imposition of sanctions in countries and international organizations within the involved members?
Alternative Hypothesis: Good relationship between countries minimizes the chances of imposition of sanctions by one country to another.
Null Hypothesis: Poor commercial relationship between countries increases chances of imposition of sanctions by one country to another.
Study Design
The research study will adopt a descriptive research design. This is to say that the researcher will give a clear impression of the whole research process in an elaborate and precise manner that is easy to understand and interpret. The appropriateness of research design is dependent on the objectives of the research, the variables and the required data. This design is appropriate to the study because the study intends to find out the general impact of sanctions on individual countries and the extent to which sanctions influence operations in private legal offices, higher learning institutions and government legal offices. This impact may affect the economy both positively and negatively both in the long run and short run.
Sample
The sample will comprise of six international companies, three in the UK and three in Iran.
Recruitment
This is a crucial part of my research as it forms a fundamental procedure of how the whole research will be conducted. The process will involve active participants that will be vetted transparently and should have a passion for Social Science with some background knowledge in finance and economics. In addition, they should be able to communicate freely without fearing anything.
Inclusion and exclusion criteria
Inclusion criteria, refers to a set of conditions that must be observed in order to participate in a research process. The research will involve analysis of the legal offices, higher learning legal institutions and government legal offices. Exclusion as a criterion ensures that all questions that are being asked in the interview are relevant to this study and do not bring about misinterpretation and ambiguity in the research process.
Interventions and/ or instrumentation
Primary data will be collected using interviews which adopt both open and closed questions. This method has been used and proven to be very reliable in various research projects. Its efficiency and effectiveness can be proven by explanations and broad view of studies given by open ended questions. Closed questions require a yes/no response and will only be used when exact response will be expected. In analyzing the impact of sanctions on the international community, the interviews will put into consideration economic and political factors. The questions can be broken down into questions basing on the variables in a quantitative survey. In the qualitative data collection design, responses can be biased as a result of conflicting information.
Outcome measures
If an enabling environment is created where there is free movement of goods and services from and into the country as it will spur the economic growth of a country hence becoming of one of the developed ones. In case where sanctions are imposed in a country, the growth of business, factories and industry will be adversely affected hence these country will plead to lift sanctions in order to be competitive with the others.
Data Analysis and Presentation
Analysis and presentations are done after collecting data. The data can be analyzed by collecting descriptive statistics and present it using tables and pie charts. The analysis can either be done using qualitative or quantitative questions answered during interview. The analysis of the data that is collected will portray a true picture on how sanctions affects the growth and running of companies and organizations in a country imposed with the sanctions.
Ethical issues
The respondents of the companies will be assured about the information to be given privacy. The information given will not be victimized because of religion or opinion of the respondent (Dezalay & Garth, 1996).The research study will seek authorization from the company selected to carry out research. During the research study, the interview will be simple and direct to the point to avoid misinterpretation and misunderstandings. Confidentiality will be assured among the interviewees and the company so as to gain confidence among the interviewees (Born, 2010). It is important during the study to protect the privacy of the organization concerning its operation and the people who are interviewed and these include:
Clear communication on the time schedule about the research. This will enable the company to allocate appropriate time of interview without affecting the companies operation and employees at work.
The sensitive information about the company will be kept secret. This enables the company to give fully detailed information concerning its operation and how sanctions have affected the company’s image and the country at large.
Pre-visit is important because it makes the researchers to be familiar with the company and all those involved in the research process, its employees and other equipment found in the company hence avoiding tension among the personnel. Furthermore, it enables the interviewer to get acquainted with the environment where the research process will take place.
Interpreters will be required in the research study for the case of the visit to Iran where Arabic is mostly used. These interpreters will translate the question and answers into English and vice versa thus making the interview easy and successful ( Howells, 2010). The interpreters must be well conversant with both languages involved in the research process i.e. English and Arabic.
Non-English speaking participants
The basic communication language will be English but in circumstances where the respondents are from Iran and have little or no grasp of the English language, interpreters will be sort preferably from their colleagues who understand English.
Recognizing and managing risks
This study will involve movement of the group across the UK and Iran. The team is therefore bound to encounter various risks during the long duration of studying the randomly six organizations in UK and Iran. The risks will majorly affect my group of staff in collecting of data or physical well being. Proper measures have been put in place and some more others will be undertaken during the research period to ensure the safety of the study group. The risks have been categorized into; Physical, Psychological, Social, Legal and others which include confidentiality and financial risks (Piernas, 2007).
Physical risks are those that directly affect the physical body of members of the study group or geographical factors that will directly influence outcomes of the study. Psychological risks are those that will affect the emotional response of the team members during the interviews. Social factors are those that dictate communication and interaction level of group members and the respondents. Legal requirements mostly involve proper permission and licensing of any public related activities. Confidentiality issues are those that dictate the outcome of extracting information from respondents and the level of exposure of details to the participants in the research process. Financial factors directly affect any expenditure and budgetary requirements in line with the research schedule (Honnold, 2009).
Financial risks involved will be due to budgetary fluctuations and especially those resulting to deficits due to fluctuation rates of inflation in the chosen countries. If as planned the research takes place for four years. Inflation is bound to affect the value of the allocated funds. With regards to the budget, this means that we might be forced to struggle in providing for some necessary activities due to shortfall of funds available. Therefore, we have provided for this scenario via an extra miscellaneous fund to carter for this eventuality. In addition, each member of the group is allocated an emergency fund facility running over the four year of study accompanied with a precise dispensation procedure overseen by various team leaders (Nijhoff, 2010).
Legal risks include attaining permission from relevant authorities to access the international organizations in the UK and Iran to advice and sensitize them on the effects and consequences of sanctions on the economy. This may also include relevant documents from respective legal organizations and institutions involved with contract laws and human rights. We have already written a summary report and forwarded them to the chosen government officials and institutional heads to allow us carry our activities with a provision licensing which will necessitate access permission to the selected organizations as a team has already been released early to carry out a pre-visit and familiarize with those to be involved in the research program (Piernas, 2007).
The physical risk affecting members of the group include contacting various diseases and accidents due to travelling all over different geographical regions in the UK and Iran. We have ensured that each member of the group will take common vaccines like the yellow fever and anti- malaria ones, besides carrying along with us extra medication for emergency cases regarding the health of any team member and also accident insurance cover through the whole process (OSPAR Arbitration, 2003).
Social and psychological risks will directly affect the way our members of the group will interact with the respondents. Interacting with foreigners who some use different language i.e. Arabic in Iran over a long period of time can create a mental fatigue that will to some extend depress or make some members to pre judge respondents before listening to their actual response. This results into acquisition of inaccurate data. We have ensured that each team sent out has a psychologist to attend to their emotional needs or have a timetable for activities with mental stress relief.
Language barrier is another key factor that may affect the entire research process. The team has put in place measures of acquiring an interpreter and tour guides who will in the process while in Iran where the majorly spoken language is Arabic. The cooperation of the interpreter and the guides affects greatly the outcome of the research as they form the link between the team and the participants.
Limitation
Research is associated with some difficulties when it comes to its preparation and when you are on the ground that might interfere with the smooth running and collection of data during the study. Some of these limitations include:
Low respondents which is attributed to language barrier.
Since sanctions are sensitive attract a lot of attention from the political scene, some people may not be willing to share their information fully and freely (confidentiality).
Visiting restrictions issued by the respective countries may not give the researchers visas or permission to visit their countries thus making it impossible to carry out the research process. In addition, there is also an aspect of accessing information from the relevant quarters. This is to say that you might be allowed into a country but accessing information becomes a key obstacle as the relevant authorities are not ready to diffuse their information.
Some countries believe that whenever a country is issued with a sanction, then it has problems here and there and as such might not allow people to come into their countries due to fear and protection of their national security (Piernas, 2007).
Significance
During this study the researcher will try to come up with some important benefits for both countries imposed with sanction with the rest of the world.
Through the imposition of sanctions in the country, the country which takes part in the production of harmful weapons which might be dangerous to the other country. This ensures security among developed countries as countries associated with terrorism. Its members are restricted to travelling to the developed countries e.g. acquiring a visa from the Middle East allowing to travel to the United States will be difficult and tiresome process as it involves a lot of legal procedures.
Through sanctions, country’s trade relations with others will deteriorate hence the country that is affected will be adversely affected in its economic growth.
Sanctions help countries which are dictatorial in their rules to reverse their leadership. For instance, the country whose leaders are not democratic will be forced to follow democracy.
Through sanctions, the embezzled funds to foreign countries will enable the freezing of money and assets of greedy leaders will be returned back to the people.
Conclusion
International contract law and sanction have adversely affected the economies of the companies of the countries involved in the process. The international contract law sanctions are highly advocated for as it is a good disciplinary measure to take on a country that seems to be going against the stipulated laws. However, these sanctions may have a negative effect or impact positively to the relevant country that has been issued with a sanction in relation to its activities.
References
Born, B, G. (2010). International Arbitration And Forum Selection Agreements: Drafting And Enforcing 10-11, 123-124 (3rd ed. 2010). ***
Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the “New York Convention”), June 10, 1958, Retrieved from:http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention.html
Howells, G. (2010).Handbook of research on international consumer law. Research handbooks in international law series. Oxford, UK: Edward Elgar Publishing.
Honnold, O, J. (2009). Uniform Law for International Sales under the 1980 United Nations Convention, 4th ed., The Hague: Kluwer Law International.
Nijhoff, M. (2010).Selected List of Books on Public International Law. New York, NY: Nabu Press.
OSPAR Arbitration (Ireland v. United Kingdom) (Perm. Ct. Arb. 2003), Retrieved from: http://www.pca-cpa.org/showpage.asp?pag_id=1158.
Piernas, J, C. (2007).The legal practice in international law and European community law: a Spanish perspective. New York, NY: Martinus Nijhoff Publishers.
Ralston, J, S. (1959). International Arbitration From Athens To Locarno 153-154. John L. Simpson & Hazel Fox, International Arbitration: Law And Practice 1.
Schlechtriem, P. & Schwenze, I. (2005). Commentary on the UN Convention on the International Sale of Goods (CISG), 2nd (English) ed., Oxford: Oxford University Press.
United Nations Convention on the Use of Electronic Communications in International Contracts. New York, 23 November 2005 (General Assembly resolution 60/21 of 23 November 2005).
UNCITRAL, 38th session (Vienna, 4-15 July 2005).
Yves Dezalay & Bryant G. Garth. (1996). Dealing In Virtue: International Commercial Arbitration And The Construction Of A Transnational Legal Order 9-10, 124, 198.
