BALTIC JOURNAL OF LAW & POLITICS A Journal of Vytautas Magnus University VOLUME 8, NUMBER 1 (2015) ISSN 2029 -0454 Cit.: Baltic Journal of Law &… [608583]

BALTIC JOURNAL OF LAW & POLITICS
A Journal of Vytautas Magnus University
VOLUME 8, NUMBER 1 (2015)
ISSN 2029 -0454

Cit.: Baltic Journal of Law & Politics 8:1 (2015): 165-194
http://www.degruyter.com/view/j/bjlp
DOI: 10.1515/bjlp -2015-0015

LESSON S FROM THE EU -RUSSIA SANCTIONS 2014 -2015

Viljar Veebel
Associate Professor
Estonian National Defence College, Faculty of Humanities and Social Sciences,
Chair of Strategic Studies (Estonia)
Contact information
Address: Riia 12 -208, Tartu 51004, Estonia
Phone: +3725057255
E-mail address: [anonimizat]

Raul Markus
Doctoral Student: [anonimizat] , Department of Logistics and Transportation
(Estonia)
Contact information
Address: Akadeemia 5, Tallinn 19086, Estonia
Phone: +37250572 55
E-mail address: [anonimizat]

Received: July 10, 2015; reviews: 2; accepted: August 28, 2015.

ABSTRACT
This article analyzes and discuss es the objectives of the sanctions implemented by the
European Union against Russia and Russian countermeasures a gainst EU member states in
2014-2015, by comparing the official aims with the options expressed in theoretical debates
and experiences gained from historical lessons. In principle, the study seeks an answer to
the question : what could be realistically achi eved as a result of the current form of restricted
sanctions and what stays beyond their reach. Methodologically, this article focuses on the
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

166 evaluation of the ability of theoretical models to explain the logic of anti -Russian sanctions
and debates the opt ions of the outcomes of current formation of sanctions in light of
theoretical models.

KEYWORDS
Sanctions, conditionality, European Union, Russia, Ukraine

Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

167 INTRODUCTION
The political tensions that began between Ukraine and Russia in 2013 have
culminated in the violation of the territorial integrity of Ukraine and the annexation
of Crimea in March 2014 and violent conflicts in the eastern part of Ukraine forced
by pro -Russian separatist forces from 2014 on. To resolve the conflict, the
European Union decid ed in March 2014 to use sector -specific targeted sanctions (or
so-called smart sanctions) to put pressure on the Russian Federation. The scope of
the sanctions has been widened several times in April, May, July , and September
2014 and the validity of the E U sanctions against Russia has been extended in
January and June 2015. However, the sanctions have not reached the core areas of
the Russian economy —mainly the export of oil, gas and raw materials . And they
were only partially targeted against top rank ing politicians , not including President
Vladimir Putin and Prime Minister Dmitry Medvedev. As a countermeasure, Russia
has imposed import restriction s on a wide range of products originating from the EU
member states that had imposed sanctions against Russia. Undoubtedly, sanctions
and Russian countermeasures represent an essential component of the Russian –
Ukrainian conflict, which both sides expect to become an efficient tool for putting
pressure on the other party.
However, the expectations of possible resto ration of the territorial integrity of
Ukraine or initiation of change of political regime in Russia have , after a period of
18 months , ended in partial disappointment. Therefore, a legitimate question arises
of whether the sanctions against Russia , the go als of which were to resolve the
conflict in Ukraine and reinstate territorial integrity of Ukraine , were unrealistic from
the beginning .
The present article aims to analyse and discuss the objectives of the sanctions
implemented by the European Union agai nst Russia and Russian countermeasures
against the EU member states in 2014 -2015 by comparing the official aims with the
options expressed in theoretical debates and experiences gained from historical
lessons. In principle, the study seeks an answer to the question : what could be
realistically achieved as a result of the current form of restricted sanctions and what
stays beyond their reach ? Methodologically, by using an analytical descriptive
method, this study focuses on the evaluation of the ability of t heoretical models to
explain the logic of anti -Russian sanctions and debates the options of the outcomes
of current formation of sanctions i n light of theoretical models.
The discussion o f the objectives of the EU -imposed sanctions on Russia is
important b ecause it lays the groundwork for the assessment of their outcome. As
stated by Francesco Giumelli, “the analysis why sanctions are imposed, together
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

168 with the understanding of their purpose, is crucial to discuss how sanctions work
and how we can create a new narrative for success .” The identification of the aims
of the main conflicting parties during the Russian -Ukrainian conflict contributes to
further assessment of the outcome of sanctions. Nevertheless, it must be kept in
mind that it may not suffice fo r the assessment of sanctions to determine only the
extent to which sanctions meet their political objectives, but also the unintended
consequences and the com parative utility of sanctions (“ what would have happened
had the sanctions not been imposed” should likewise be taken into account).1
The analysis of sanctions imposed during the Russian -Ukrainian conflict is also
important since previously c ountries imposing sanctions have mostly been larger
and economically/militarily more powerful than the target c ountries, and the
imbalance in power seems to have grown since the 1970s .2 In the Russian –
Ukrainian conflict and with related sanctions, the sides of conflict include former
members of G -8 (great power) and Ukraine , one of the largest states of Europe.
Therefore, the current situation provides the academic community with a unique
and valuable case study.
1. MOTIVES BEHIND THE SANCTIONS: THEORETICAL OPTIONS
The theo retical part of this article discusses the rationality and logic of
sanctions in the internati onal arena in the context of the current EU sanctions
imposed on Russia.
In theory, sanctions are mainly aimed at chang ing the behaviour of the target
(a tool for coercion), to limit its behaviour ( a constraining effect) , or to send the
target a message ( a signalling effect) .3 To some extent, sanctions could be
associated with institutional and neo -institutional models of governance as a tool of
self-identification and an instrument of meeting public expectations of interest
groups. However, it should be n oted that for each individual case the aims and
motives of sanctions are case -specific , often consisting of both a formal and hidden
agenda. Sanctions have been considered as a policy alternative to military force,
material gains , and diplomacy , in a situa tion where “doing nothing” is not an

1 Francesco Giumelli, “How EU sanctions work: A new narrative. EU Institute for Security Studies,”
Chaillot Paper No. 129 (2013): 24.
2 Lance Davis and Stanley Engerman, “History Lessons: Sanctions – Neither War nor Peace ,” Journal of
Economic Perspective Vol. 17, No. 2, (2003) .
3 Francesco Giumelli and Paul Ivan, “The effectiveness of EU sanctions ,” EPC Issue Paper No. 76 (2013):
9.
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

169 option4 and positive conditionality is not considered an alternative. As stated by
Delevic ,5 sanctions are “less glamorous than diploma cy and less decisive than war .”
Sanctions can also be defined as a form of negative conditionality (opposed to
positive conditionality), where the one imposing is motivating the target state with
threats or punishment to change its economic, political or military actions. Thus,
the pressure is expected to occur in different forms and in d ifferent time -frames.
Accordingly, the vital part of sanctions is the demands or criteria to be fulfilled to
end the sanctions6. Sanctions can be intended to have an independent effect, but
they can also be aimed to amplify or slow down already ongoing pol itical processes,
be it budget or external trade deficit, military rearmament, etc.
Sanctions as a tool for coercion are targeted to change the behaviour of a
target country and to put an end to its undesirable activities. The change in the
behaviour of a target country is expected to occur as a result of direct material
costs caused to them which in turn could be avoided upon changing the behaviour.
Thus, targets know what to do to satisfy the sanctioning party’s requests and are
motivated to implement pol icies demanded by the sanctioning parties to avoid
additional costs .7 They are expected to do it voluntarily without encountering the
risk of political suicide or long term stagnation .8 Still, the change in the target’s
behaviour is obviously accompanied by the weakening of the political support for its
leaders and regime9. At the same time, the imposing party must make consolidated
reasonable demands that could be satisfied by a target state without making them
“lose face ”. As stipulated by Groves10, sancti ons must have a “reasonable prospect
of success ”. However, in many cases next to open official demands there exists also
a “hidden agenda”, consisting of the aims that are not suitable for official
framework (change of the current political regime) or are not fully supported by all
members of a multilateral coalition. To sum up, the aims of coercive sanctions
should be clearly defined, realistic, measurable , and openly communicated to the
target country to avoid false expectations and misleading reactions.
This approach follows closely the traditional “more pain, more gain” logic of
economic sanctions which suggests that enough pressure should be put on targets
to force them to change their behaviour w ith the aim to strengthen inter national

4 Francesco Giumelli , Coercing, Constraining and Signalling: Explaining and Understanding International
Sanctions after the End of the Cold War (Colchester: ECPR Press, 2011 ), 30.
5 Milica Delevic, “Economic sanctions as a foreign policy tool: The case of Yugosl avia,” The International
Journal of Peace Studies Vol. 3, No. 1, 1998.
6 Viljar Veebel and Raul Markus , “Wirtschaftssanktionen als die Mi ttel der internationalen Druck,”
Estonian Discu ssions on Economic Policy Vol. 23, No . 1 (2015): 132 -133.
7 Francesco Giumelli and Paul Ivan, supra note 3: 18.
8 Ibid.: 34
9 Michael Brzoska , “Putting More Teeth in UN Arms Embargoes”; i n: D. Cortright and G. A. Lopez, eds. ,
Smart Sanctions: Targeting Eco nomic Statecraft (Rowman and Littlefield Publishers, 2002 ).
10 Adam Groves, “Are Sanctions an Appropriate Tool for Coercion in International Politics? Why?” www.e –
ir.info (2007) // http://www.e -ir.info/2007/12/03/are -sanctions -an-appropriate -tool-for-coerci on-in-
international -politics -why/.
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

170 security, uphold respect for human rights and democracy, or other motives. There
is also a belief that the most natural reaction of a target state to the sanctions is to
comply and cooperate but not to mobilize additionally .11 At the same time, there is
an element of cautio n in this logic that makes it vital to allow the opponent to save
face. In any case, due to sanctions, the change in the cost -benefit calculation of
decision -makers in a target country is expected that forces the latter to change its
behaviour. However, th e bases and logic for cost -benefit calculation of a target
state can differ significantly from the expectations of imposers (for example in the
current case of Crimea).
Should the restrictive measures be aimed at making it impossible for the
target country , entity , or individual to carry out their actions and intentions,
sanctions can be claimed to contain the constraining element by materially limiting
the target´s capability to act .12 In contrast to coercive sanctions, constraining
sanctions require target s not to do anything , which also refers to the deterring
effect of sanctions aimed at avoiding future violations. The sanctioning parties
usually make unfeasible requests or do not make specific requests for actions at
all13.
Sanctions could also be aimed a t sending a signal that the target’s behaviour
is not approved of and will not be tolerated .14 The signalling element could be
targeted to the international community, countries, populations, non -state entities
or individuals. As regards sending a signal to the target, the change in its behaviour
is expected due to possible reputation costs, the possibility to enhance future gains,
or to enjoy the benefits of multilateral diplomacy .15 A favourable outcome of
signalling sanctions would include the projection o f a positive image of the
sanctioning party to the rest of the world, the strengthening of a global norm and
the indication that the crisis has escalated to a higher level of diplomatic
confrontation. Signalling sanctions pre dominantly do es not impose a material
impact ; however, they may have indirect material impact, e.g. in the form of the
loss of foreign direct investment in target countries .16 Thus, sanctions could also be
interpreted as an ex pression of a country’s economic and political influence in t he
global arena, sending signals to the allies about the credibility and global influence
of the state imposing sanctions.
As regards sending a signal to the international community or to a domestic
audience, sanctions could be interpreted as one of the to ols in a “communication

11 Michael Brzoska , supra note 9.
12 Francesco Giumelli and Paul Ivan, supra note 3 : 19.
13 Francesco Giumelli, supra note 4, 34.
14 Michael Brzoska , supra note 9.
15 Francesco Giumelli, supra note 1: 19.
16 Francesco Giumelli, supra note 4, 35.
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

171 war”. Seen in this light, sanctions could be aimed at “shaming” and stigmatizing the
target state .17 In this regard, sanctions are imposed to destabilize or to subvert the
target country by convincing the international community, mar kets, investors, and
other subjects that the target’s behaviour will not be tolerated and may have
untoward and unintended consequences. However, as a side effect the “rally-
around -the-flag” phenomenon in the target country could occur in the form of
conso lidated support to the political leadership and an increased nationalism18.
Sanctions could also be imposed to send a signal to the domestic audience , thus
confirming a nation’s vital interests .19 For example, the US embargo against Cuba
before 1991 , intende d to isolate Cuba economically , was carried out along lines of
national security rationale, since Cuba was considered a threat to American and/or
regional security .20 Sanctions could also be considered a signal to the international
community about the credi bility and economic and political influence of the
sanctioning party in the global arena.
In addition to this, sanctions can be explained with institutional and neo –
institutional theories of governance. In an institutional environment decision –
making is do minated by habits, procedures, norms and compromises that prefer
expectable, rational, continuing, regulated and less risky choices. Rules and norms
tend to be dominant over idealist goals and broader gains .21 The neo -institutional
model approaches politica l processes as regards their appropriateness, i.e. whether
they follow the rules and habits, and whether they represent a rational choice
among morally acceptable options. Administrative and legal motives are dominant
over economic and political ones, and small administrative solutions guide bigger
political choices, not vice versa .22 Bearing in mind that both multilateral and
bilateral sanctions have been increasingly used in the international arena since the
1990s and that sanctions have become “a standard reaction to crisis ”23, sanctions
could be interpreted as a “safe” solution, something that “has to be done ” in case
somebody is violating universally accepted norms. Measures imposed for
declarative purposes to show that “in principle, we are able to do it and we might
consider other measures if the situation does not change” are unlikely to succeed in
forcing the target c ountry to change its behaviour.

17 Rebecca Adler-Nissen, “Stigma Management in International Relations: Transgressive Identities,
Norms and Order in International Society ,” International Organization No. 68 (2014) .
18 Johan Galtung, “On the Effects of International Econo mic Sanctions: With Examples from the Case of
Rhodesia ,” World Politics Vol. 19, No. 3 (1967) .
19 Gary Clyde Hufbauer, Jeffrey J. Schott, Kimberly Ann Elliott, and Barbara Oegg, Economic Sanctions
Reconsidered , 3rd ed. (Peterson Institute for International Economics, 2007).
20 Daniel Griswold, “Four Decades of Failure: The U.S. Embargo against Cuba,” www.cato.org (2005) //
http://www.cato.org/publications/speeches/four -decades -failure -us-embargo -against -cuba.
21 Peter A. Hall and Rosemary Taylor , “Political Sc ience and the Three New Institutionalisms ,” Political
Studies Vol. 44, No. 5 (1996): 938 .
22 Mette Eilstrup -Sangiovanni, Debates on European Integration (New York: Palgrave Macmillan, 2006 ),
194.
23 Adam Groves, supra note 10.
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

172 Regardless of whether sanctions have been used for the purpose of coercing,
constraining , or sending a si gnal to the target country, the outcome of sanctions
depends on the circumstances of each case and , in particular, its context. Although
the academic literature is somewhat ambiguous about this, some generalisations
about the efficiency of sanctions could be drawn which help us understand the role
of sanctions in the Russian -Ukrainian conflict.
First, as suggested in the secondary literature , sanction threats are more
effective when used against democracies than non -democracies, whereas
democracies are also less sensitive to promises of reward than non -democracies.
Thus, democracies need to be punished, whereas autocracies should be rewarded .24
However, Lektzian and Souva25 argue that autocracies are more likely to concede to
sanctions than democracies. Among the former, personalist regimes and
monarchies are more sensitive to the loss of external sources of revenue and are,
therefore, more likely to be destabilized by sanctions, whereas dominant single –
party and military regimes will be less sensitive to the l oss of external resources, as
they will be able to increase their tax revenues and reallocate their expenditures .26
Similarly, democracies employ sanctions more than other regime types, because
they pursue human rights and democratization goals with economi c sanctions as
well as encompass a great variety of interest groups, affecting the incentives of the
leaders .27
Secondly, sanctions cause behavioural change after being imposed, if the
target country has initially underestimated the impact of sanctions, mis calculated
the sanctioning country’s determination to impose them, or wrongly believed that
sanctions will be imposed and maintained whether it yields or not, and if the
target’s misperceptions are corrected after sanctions are imposed .28
Thirdly, different types of sanctions have different effects .29 In principle, trade
sanctions have proved to be rather inefficient, as in a globalised world the
substitute sources of supply could be easily found in the majority of cases. In
theory, as suggested by Tostensen and Bull30, smart sanctions are more effective in
targeting political elites committing actions that are condemned by the international
community and in protecting vulnerable social groups. However, several

24 Daniel Verdier and Byungwon W oo, “Why rewards are better than sanctions ,” Economics & Politics
Vol. 23, No. 2 (2011).
25 David Lektzian and Mark Souva, “The economic peace between democracies: Economic sanctions and
domestic institutions ,” Journal of Peace Research No. 40 (2003).
26 Abel Escribà‐Folch and Joseph Wright, “Dealing with Tyranny: International Sanctions and the Survival
of Authoritarian Rulers ,” International Studies Quarterly Vol. 54, No. 2 (2010) .
27 David Lektzian and Mark Souva, supra note 25 .
28 Jon Hovi, Robert Huseby , and Detlef Sprinz , “When Do (Imposed) Sanctions Work?” World Politics
Vol. 57, No. 4 (2005) .
29 Francesco Giumelli, supra note 1.
30 Arne Tostensen and Beate Bull, “Are smart sanctions feasible?” World Politics Vol. 54, No. 3 (2002):
373.
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

173 controversial examples could be provided based on historical experiences, such as
financial sanctions imposed by the US against Iran in 1979. Particularly in the
totalitarian and authoritarian regimes, decision makers might easily insulate
themselves, which makes “smart” sanctions very difficult to impose . Furthermore,
Drezner31 has argued that targeted sanctions may make sense if the aim of the
sanctions is avoidance of future violation, since smart sanctions would rather work
as a signalling or constraining t ool than the tool for coercion.
Fourthly, Dizaj i und van Bergeijk32 show that economic sanctions
predominantly succeed in the early phase of imposing sanction, such as within the
first two years from the triggering event. In the long run, sanctions tend to be
unsuccessful. After about seven years, the p ositive effect turns negative because
economic and political variables adjust to the shock. Thus, the time works against
sanctions rather than contributing to the policy change. Even when sanctions cause
economic stagnation in target state, it can hardly b e seen as a success in terms of
original goals.
Fifthly, as regards the outcome of sanctions the role of the incentives is
particularly important. Giumelli and Ivan33 have studied the cases of Iran, Belarus,
Syria and Myanmar and have argued that in none of the cases the EU sanctioning
regime alone was decisive or that it was unlikely to be decisive to cause a policy
change. Thus, sanctions should be combined with the elements of conditionality and
various other foreign policy tools.
2. IMPOSED SANCTIONS, CO UNTERMEASURES , AND EXPECTED
RESULTS
The economic and political sanctions and the countermeasures taken
represent an important component of the Russian -Ukrainian conflict, from which
both sides expect to become an efficient tool to put pressure on another c onflicting
party, as well as to send a strong signal to the international community and to their
own citizens.
However, the situation in 2014 -2015 has been particularly risky because of
the opposing interests confronting success criteria for the participan ts. The
persistency of the Russian supported separatist military pressure in East Ukraine
increases the risk that Ukraine’s economy could collapse. This is because it renders
the economic recovery of the country extremely difficult. However, it would be in

31 Daniel.W. Drezner, “How Sma rt are Smart Sanctions ,” International Studies Review Vol. 5, No. 1
(2003).
32 Sajjad F. Dizaji and Peter van Bergeijk , “Could Iranian sanctions work? ‘Yes’ and ‘no’, but not
‘perhaps’,” www.voxeu.org (2013) : 721-723 // http://www.voxeu.org/article/could -iranian -sanctions –
work-yes-and-no-not-perhaps .
33 Francesco Giumelli and Paul Ivan, supra note 3: 2
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

174 the primary interests of the separatist forces and the Russian Federation to
continue the destabilization of East Ukraine as “lasting economically and fiscally
longer” than Ukraine would give Russia tactical advantage in local power -balance.
The EU is aim ed to regain territorial integrity and economic stability of Ukraine and
to prevent Russian pressure in neighbouring states in the future. Since Ukraine is
currently on the brink of economic collapse, it would be in the interest of the EU to
create a situa tion where with the help of the imposed sanctions Russia would be
unable to adapt to the international economic and political pressure in the short –
term, but at the same time not to fall into the chaos. The latter is undesirable as it
would destabilize the overall security situation in Europe. A long -term scenario with
sanctions implemented longer than five years, causing economic stagnation to
Russia, but unable to force Russia to return Crimea and liberate East -Ukrainian
territories, will not satisfy neit her the western countries nor Ukraine .
To fulfil their strategic aims, both the European Union and Russia have taken
numerous sanctions -related actions during 2014 -2015.
In March 2014, the European Union introduced sanctions imposing travel
restrictions an d asset freezes34 on Russian and Ukrainian officials and individuals
involved in human rights violation and corruption in Ukraine as regards the
annexation of Crimea and Sevastopol to the Russian Federation35. Instead of the G8
summit in Sochi, a G7 meeting was held in Brussels on 4 -5 June. The EU member
states also supported the suspension of negotiations over Russia's membership in
OECD. Bilateral negotiations with Russia on visa matters as well as on the New
Agreement between the EU and Russia were suspend ed. In addition, a re –
assessment of EU -Russia cooperation programmes is currently ongoing with a view
to suspending the implementation of the EU bilateral and regional cooperation
programmes. Projects dealing exclusively with cross -border cooperation and c ivil
society were maintained36. Even when the final decision was officially supported by
all member states of the EU, some top politicians of Slovenia, Hungary, Cyprus,
Slovak Republic, Italy and Greece have pointed out that sanctions have low
economic pote ntial and will have negative impact to the economies of the member
states. As an example , the Hungarian Prime Minister, Viktor Orban, declared that
“the sanctions have, in fact, harmed the West more than they have hurt Russia. In
politics, this is called s hooting oneself in the foot .” 37 Accordingly, the selection of a
rather short list of persons and companies which were to be sanctioned was a

34 Decision 2014/145/CFSP , Council of the European Union, OJ L 78 (17 March 2014).
35 Implementing Decision 2014/151/CFSP , Council of the European Union, OJ L 86 (21 March 2014).
36 “EU sanctions against Russia over Ukraine crisis,” European Union Newsroom (July 19, 2015) //
http://europa.eu/newsroom/highlights/special -coverage/eu_sanctions/index_en.htm#5 .
37 Vauhini Vara, “Hurt Putin hurt yourself, ” The New Yorker (August 19, 2014) //
http://www.newyorker.com/business/currency/hurt -putin-hurt.
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

175 compromise between member states demanding decisive measures and member
states opposing decisive sanctions .38
Russi a responded in March 2014 by introducing retaliatory measures against
high-ranked officials of the EU and the member states. Council decisions from
March and April 2014 (145/CFSP, 151/CFSP and 238/CFSP) stated the policy tools,
expected impact, validity of decision and the option to revise it, but did not consist
clear criteria to be fulfilled to end the sanctions. Accordingly, the current form of
sanctions can rather be qualified as form of punishment than a form of
conditionality. The same applies to pers ons covered by sanctions —no indications
were given as regards the criteria vital for being excluded from the list.
From the European side the scope of the individuals as well as entities subject
to sanctions has been widened in April39, May40 and July41 2014, while the logic of
sanctions remained similar to the original sanctions imposed in March 2014. To
strengthen the economic effects of sanctions, on July 30, 2014, the EU announced
sector -specific economic sanctions against Russian military industry and its financial
and energy sector .42 Russia’s access to the European capital markets was
restricted, an embargo on the trade of arms and related material with Russia was
agreed and import of goods originating from Crimea43 was prohibited. In the council
decisions amended in April, May and July, additional attention was paid to the
description of reasons of restrictive measures and of listing the relevant criteria,
however no indications were given about which conditions need to be fulfilled to
end the sanctions or how to be removed from the list .
As a countermeasure, on August 6, 2014, Russian president Vladimir Putin
signed a decree “ on the us e of specific economic measures” , which mandated an
effective embargo for a one -year period on imports of most of the agric ultural
products “whose country of origin had either adopted the decision on introduction
of economic sanctions in respect of Russian legal and (or) ph ysical entities, or
joined sam e”. The Russian government ordinance was adopted and published with
immedia te effect, which specified the banned items as well as the countries of
provenance: the member states of the European Union, but also the United States,

38 Francesco Giumelli, “Who pays for the sanctions on Russia?” www.ecfr.eu (September 5, 2014) //
http://www.ecfr.eu/article/commentary_who_pays_for_the_sanctions_on_russia372 .
39 Implementing Decision 2014/238/CFSP , Council of the European Union, OJ L 126 (28 April 2014).
40 Decision 2014/265/CFSP , Council of the European Union, OJ L 137 (12 May 2014) ; Decision
2014/308/CFSP , Council of the European Union, OJ L 160 (29 May 2014) .
41 Decision 2014/455/CFSP , Council of the European Union, OJ L 205 (12 July 2014) ; Decision
2014/475/CFSP , Council of the European Union, OJ L 214 (19 July 2014) .
42 Decision 2014/508/CFSP , Council of the European Union, OJ L 226 (30 July 2014).
43 Decision 2014/386/CFSP , Council of the European Union, OJ L 365 (19 December 2014).
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

176 Norway, Canada and Australia, including a ban on fruit, vegetables, meat, fish, milk
and dairy imports .44
In September 2014, the next level of sanctions was reached as the leaders of
the EU agreed on additional sanctions, forbidding state -controlled Russian oil and
defence companies from raising money in European capital markets and cutting off
foreign inves tment .45 Following additions to the list of persons organizations and
companies were made in November 2014 .46 In decisions implemented in
September, November , and December 2014, the core reasons of sanctions were
once again described in more precision, but a lso first specific conditions for lifting
sanctions were introduced: “ The EU called on Russia to immediately withdraw its
armed forces to the areas of their permanent stationing, in accordance with the
Agreement on the Status and Conditions of the Black Se a Fleet stationing on the
territory of Ukraine of 1997”47. Next to concrete criteria, also broader terms for
ending sanctions were formulated: the EU also remains ready to reverse its
decisions and reengage with Russia when it starts contributing actively a nd without
ambiguities to finding a solution to the Ukrainian crisis .48
As a respon se, Russia continued to close the cooperation with EU member
states .49 On 22. June 2015, the Council extended EU economic sanctions, which
were introduced in response to Russi a's destabilising role in East Ukraine, until 31
January 2016 . Also in this case some member states remained sceptical even when
joining the sanctions .50 This follows an agreement at the European Council in March
2015, when EU leaders linked the duration of these sanctions to the complete
implementation of the Minsk agreements , which is foreseen by December 31,
201551. The C ouncil of the European Union has additionally stressed that the EU
remains ready to reverse its decisions and reengage with Russia when i t starts
contributing actively and without ambiguities to finding a solution to the Ukrainian

44 On measures to implement the Russian President’s Executive Order ‘On Extending Certain Special
Economic Measures in the Interest of Ensuring the Security of the Russian Federation ’, Government of
Russia (August 2014) // http://government.ru/docs/14195/ ; Resolution of the Government of the
Russian Federation no. 835 of 08.21.2014, On additional measures to regulate the import of meat of
cattle and poultry , Government of Russia (21 A ugust 2014) // http://government.ru/docs/all/92613/ [in
Russian] .
45 Decision 2014/658/CFSP , Council of the European Union, OJ L 271/47 (12 September 2014).
46 Decision 2014/801/CFSP , Council of the European Union, OJ L 331 (18 November 2014) ; Decision
2014/ 855/CFSP , Council of the European Union, OJ L 344 (29 November 2014) .
47 “EU sanctions against Russia over Ukraine crisis ,” supra note 36.
48 Ibid.
49 Resolution of the Government of the Russian Federation no. 156 of 02.21.2015. On the Russian part
of the int ergovernmental commission on trade -economic and scientific -technical cooperation betwe en
Russia and foreign countries , Government of Russia (21 February 2015) //
http://government.r u/docs/all/94975/ [in Russian].
50 Boris Cerni and Dina Khrennikova, “Sloven ia Wants End to EU Sanctions on Russia That Hurt Trade,”
www.bloomberg.com (July 2015) // http://www.bloomberg.com/news/articles/2015 -07-27/slovenia –
wants -to-see-end-of-eu-russia -sanctions -than-hurt-trade.
51 “Russia: EU extends economic sanctions by six mo nths, Council of the European Union,” European
Council Press Release (June 22, 2015) // http://www.consilium.europa.eu/en/press/press –
releases/2015/06/22 -russia -sanctions/.
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

177 crisis.52 Russia responded with additional sanctions on June 24, 2015, and with
additional legal and economic measures to integrate Crimea on July 15, 2015.53
As se en from the form of the measures taken by Russian administration,
based on the outlined theoretical criteria, it is questionable if Russian
countermeasures can qualify as sanctions, as not including independent conditions
and description of expected policy change from the EU side (except lifting the
sanctions). The selection of measures and target states was based on motivation to
react to the EU sanctions with a constraining aim to convince Russian audience that
Russian government is actively and successfu lly fighting against EU sanctions. The
expected economic effect, by harming the export of EU member states to Russia,
has been mentioned by the government and President of Russia, but has not been
stated as the aim of Russian actions .54
In July 2015, the le aders of the European Union have agreed on additional
sector -specific sanctions against Russia55. As a result, following restrictions are in
force from the EU side since July 19, 201556:
1. EU nationals and companies may no longer buy or sell new bonds,
equity or similar financial instruments issued by five major state -owned Russian
banks, three major Russia energy companies and three major Russian defence
companies .57
2. Services related to the issuing of such financial instruments, e.g.
brokering, are also prohibi ted. EU nationals and companies may not provide loans
to five major Russian state -owned banks .58
3. Embargo on the import and export of arms and related material from/to
Russia. Prohibition on exports of dual use goods and technology for military use to
Russia n military end -users. Export of dual use goods to nine mixed defence
companies is also banned .59
4. Exports of certain energy -related equipment and technology to Russia
are subject to prior authorisation by competent authorities of Member States.
Export licens es will be denied if products are destined for deep water oil exploration

52 “EU sanctions against Russia over Ukraine crisis,” supra note 36.
53 Russian Presi dent’s Executive Order no. 368, 15.07.2015, On closure of the Ministry of the Russian
Federation for the Crimea and the State Commission for Socio -Economic Development of the Republic of
Crimea and Sevastopol. President of Russia (15 July 2015) // http://w ww.kremlin.ru/acts/bank/39955
[in Russian].
54 On measures to implement the Russian President’s Executive Order “On Extending Certain Special
Economic Measures in the Interest of Ensuring the Security of the Russian Federation ’, supra note 44.
55 “EU sanctio ns against Russia over Ukraine crisis,” supra note 36.
56 Ibid.
57 Regulation 1290/2014 , Council of the European Union , OJ L 349 (4 December 2014) .
58 Regulation 960/2014 , Council of the European Union , OJ L 271/3 (8 September 2014) .
59 Regulation 833 /2014 , Council of the European Union , OJ L 229/1 (31 July 2014) ; Regulation
1290/2014 , supra note 57 .
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

178 and production, arctic oil exploration or production and shale oil projects in
Russia .60
While the reasons and tools of sanctions have been described in depth, the
expected outcome an d policy change has only been covered in very general terms.
In terms of demands , the European Council agreed that the duration of the
restrictive measures against the Russian Federation, should be clearly linked to the
complete implementation of the Minsk agreements, bearing in mind that this is only
foreseen by December 31, 2015. The necessary decisions will be taken in the
coming months. The European Council stands ready to take further measures if
necessary61. On behalf of the EU, in the political rhetor ic a direct confrontation
between Russia and the EU has been avoided. Several European politicians have
stressed that the sanctions were not imposed to cause long -term harm to Russia62.
At first sight the traditional “more pain, more gain” does not seem to be at stake in
the present case.
In case of the Russian -Ukrainian crisis, politicians have stipulated that the
purpose of the EU sanctions “is not to punish Russia, but to make clear that it must
cease its support for the separatists and stop destabilizin g Ukraine”63 and that
“acceptance of the status quo does not belong among the topics for discussion”64.
Thus, hereby the EU admits that sanctions should not be imposed with the aim to
cause economic harm, but to send a signal to the target country – and prob ably
also to the potential investors – that actions targeted to harm the territorial
integrity of Ukraine are not tolerated. Hereby, one could draw a conclusion, that it
is only indirectly relevant how much Russia will be actually punished because of the
sanctions, as it determines the scale of the pressure to Russia to change its
behaviour, but is not an aim in itself. Thus, in the case of the EU it is more about
the “signalling effect ”, which should be evaluated when discussing the effectiveness
of the sa nctions than the economic impact. At the same time, the Russian
countermeasures against EU countries and their partners were primarily designed
to “punish ” the EU and its partners, as the argument of “if we are restricted then
we’ll have to respond” was us ed. 65

60 Ibid.
61 “EU sanctions against Russia over Ukraine crisis,” supra note 36.
62 See the statements of Francois Hollande, Franz -Walter Steinmeier, Erkki Tuomioja and others. For
example, as stated by the German Vice -Chancellor of Economic Affairs and Energy Minister, Sigmar
Gabriel “The goal was never to push Russia politica lly and economically into chaos” (Deutsche Welle
2015).
63 Tony Blinken, “Ukraine in the White Ho use Press Briefing” (July 28, 2014 ) //
http://ukraine.usembassy.gov/statements/wh -ukraine -07282014.html
64 “U.S. and Europe Set to Toughen Russia Sanctions,” www.nytimes.com (July 28, 2015) //
http://www.nytimes.com/2014/07/29/world/europe/us -and-europe -agree-to-escalate -sanctions -on-
russia.html?_r=0.
65 On measures to implement the Russian President’s Executive Order “On Extending Certain Special
Economic Measures in the Interest of Ensuring the Security of the Russian Federation ’, supra note 44.
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

179 In sum , politically motivated economic sanctions often carry a symbolic and
communicative value, with the aim of sending signals to the target countries,
partners , and the domestic audience , rather than actually serving as the prevention
of further v iolent actions. Both the EU sanctions and Russian countermeasures have
focused on stigmatizing the opponent and signalizing to the local audience that
certain actions by the target state are not tolerated. According to the a uthors’
opinion, in case of the sanctions against Russia, to some extent they succeeded in
signalling the potential investors that Russia’s behaviour is not accepted by the
European countries and that risks exist in investing in the Russian market. At the
same time, the sanctions have fa iled in signalling to the Russian administration that
actions targeted to harm the territorial integrity of Ukraine are not tolerated.
3. CAN THE PRESENT SANCTIONS SUCCEED IN LIGHT OF POLITICAL
EXPECTATIONS?
Previous experience of the EU over the past twenty years , including
approximately thirty cases , shows that none of them could be regarded as a
complete success. It must be admitted that, in a historical perspective, EU
sanctions have been heavily influenced by fragmented political and economic
interests of the EU member states. As regards the Russian -Ukrainian crisis, the EU
and the US are expecting a political solution after implementing relatively restricted
economic measures lacking a clear and quantifiable package of requirements. From
the EU side, t he cherry -picking technique has been used, where individuals and
entities under sanctions are selected individually, and sensitive sectors are
intentionally left aside.
The answer to the question of if the sanctions have put significant economic
pressure o n Russia and initiate d regime change depends both from the expectations
and the ways we evaluate quantitative effect (change of the gross domestic
product, change of foreign direct investments, change of currency exchange rate
and change of central bank re serves) and expect it to cause major political change.
What must also be taken into account, particularly after the first round of
sanctions in March 2014 the international community , was the potential negative
impact of sanctions on the Russian economy. T his is probably because the
economic “harm” is often the only visible short -term indicator of success or failure
of sanctions imposed and thus it is possible to speculate that the international
community expected major political changes to occur in Russia during a relatively
short period after imposing sanctions. In the absence of political success, the
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

180 economic recession in Russia has been interpreted as the only tangible outcome of
international sanctions. This may not be a desirable outcome.
In order to understand the impact of the sanctions apart from the general
cost of the Ukrainian conflict, it would make sense to use the economic and social
development of Ukraine itself as a basis of comparison. Current sanctions may
make more sense if we consider th e existence of “hidden agenda” from both sides.
From the perspective of the EU and Ukraine, the main aim of the sanctions can be
to change the relative economic cost of conflict in favour of Ukrainian central
government, by reducing the motivation and abil ity of Russia to support the
separatists and lowering the long term perspective for successful separation of East
Ukraine. In this light the international financial pressure that has been endured so
far, appropriated funds and reserves may be considered as an investment that can
still turn out to be profitable.
From the perspective of the separatists and the Russian Federation, the
hidden agenda could be to succeed despite the sanctions of keeping the social and
economic costs of Ukraine so high that the la tter are forced to withdraw from
conflict to avoid fiscal breakdown. Accordingly, in terms of sustainable conflict
solution, the sides of conflict and sanctions can be interpreted as trying to convince
the opposing side to lose faith in a successful final solution.
Even from the economic perspective it is complicated to distinguish the impact
of sanctions from the impact of global economic change and the precise cost of the
conflict to Russian economic indicators, some comparisons will illustra te plausible
economic effects.
First, Russian GDP has survived the combined pressure of the global economy
and sanctions quite well between Q2 2014 and Q4 2014 by showing an average of
0.6% growth, matching the average GDP growth in the Eurozone. Negative effects
appea red first in Q1 2015 when the Russian economy declined by 2.2%. The
decline was even deeper in Q2 2015 when the GDP dropped 4.6%66. When
comparing the Russian GDP drop in Q2 2015 with the GDP growth of Eurozone
(0.4%), the negative effect is evident. Howeve r, when one compares the decline of
GDP in Russia with the economic decline in Ukraine ( -17.2% in Q2 2015), it is even
more evident that current sanctions have not been sufficient to bring the level of
costs of continuing the conflict in Russia as high as it has been with the Ukrainian
economy.

66 “Russian GDP annual growth rate,” www.tradingeconomics.com //
http://www.tradingeconomics.com/russia/gdp -growth -annual.
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

181

Fig. 1. GDP annual growth rate in Russia 2012 -201567

The second indicator to evaluate the economic effects on Russia is the
exchange rate of the national currency (in this case the exchange rate will be
compared w ith euro). The Russian rouble started at 46RUB/EUR in the beginning of
2014 and jumped to 85 RUB/EUR in December 2014 , but stabilized at 60RUB/EUR
for the July 2015 , having lost roughly one -third of its value during one year. The
Ukrainian grivna started at 15 UAH/EUR in January 2014, reached its lowest level in
February 2015 with 37UAH/EUR , and stabilized at 24/UAH/EUR for the second
quarter of 2015. The summary loss during one year was approximately 60%, which
is twice as high as the loss of value of roub le.

Fig. 2. Russia core inflation rate68

The third important indicator is inflation , which plays a central role in harming
the trust of the central government and its ability to fulfil fiscal duties. Russian
inflation remained within single digits in 20 14, at an average of 8% in the second
half of 2014. In 2015 inflation has consistently been over 10%, scoring an average

67 Source: http://www.tradingeconomics.com/russia/gdp -growth -annual .
68 Source: http://www.tradingeconomics.com/russia/core -inflation -rate.
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

182 of 16% in comparison with the previous year.69 Ukrainian inflation scored from 12%
in the beginning of 2014 to 25% at the end of 2014. I n May and June 2015 inflation
reached 60% on average , in comparison to the previous year’s level.
One field where sanctions should produce quick and measurable results are
foreign direct investments. Russian foreign direct investments have been rather
stable during 2014, remaining on a level similar to 2012-2013, but since December
2014 the net flow has turned negative. However, remaining less than 50% from the
previous year ’s inflow level, in Q1 2015 net foreign investments turned again into
positive terri tory. Net foreign direct investments to Ukraine were stable until
January 2014, but after a negative balance in the first half of the year the positive
flow has reinstalled itself, yet approximately 50% lower level th an in 2013.

Fig. 3. Foreign direct I nvestments to Russia 2012 -201570

In summary: t he economic decline in Russia (caused by the sanctions of
global economic circumstances) is visible, but according to our view, it is not
sufficient to initiate significant political change.
There are also poss ible negative effects caused by the current EU sanctions
and Russian countermeasures. After the first round of sanctions in March 2014 the
international community was strongly highlighting their potentially negative effect
on the Russian economy, whereas t he actual aim of the sanctions was serving
notice to Russia that it must stop destabilizing Uk raine.
Indeed, in this particular case it is hard to imagine what benefit the collapse
of the Russian economy could bring to the EU, as the latter’s economic degr adation
would create threats to the stability in Europe in many ways. The risks mainly stem

69 “Russ ia core inflation rate,” www.tradingeconomics.com //
http://www.tradingeconomics.com/russia/core -inflation -rate.
70 Source: http://www.tradingeconomics.com/russia/foreign -direct -investment .
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

183 from the close economic relations of Russia with many CEE countries preceding the
conflict, which could backfire on t he respective EU member states.
Intriguingly, b uilding on the above, it could be argued that the hidden agenda
of the sanctions against Russia has actually been to encourage the change of
political regime in Russia. In this context, a parallel could be drawn with the
sanctions imposed by the internatio nal community against Iran in 2005. It has been
argued that particularly during the George W. Bush presidency, some experts have
seen the prolonged application of sanctions as a possible way to change Iran’s
regime given the pressure on the Iranian people from corruption, internal power
struggles, a devalued currency, high inflation and unemployment, and rising food
costs. In the case of Iran, the change was expected to come largely as a result of
actions by the Iranian people .71 Similar developments —devalue d currency, high
inflation and rising food prices, high level of corruption —have occurred also in
Russia during some phases of the Russian -Ukrainian crisis. Thus, the question
remains whether coercive, constraining or signalling effects of the EU -sanctions
were expected to occur and to be large enough to force Russia to change its
behaviour or , as a hidden agenda , to cause regime change, but not to de stroy the
country economically.
Since the targeted sanctions against Russia have limited its ability to carr y out
its actions, the sanctions could be said to some extent to contain the constraining
element. However, targeted sanctions in the form of the so -called cherry -picking
technique have not represented the most stringent measures available. For
example, on ly a modest selection of persons and entities directly linked to the
Russian decision -makers have been included on the “black list” . No explanations
have been provided why the real “architects” of the violent events in the East
Ukraine, such as Vladimir Pu tin, Dmitry Medvedev and other high level members of
the Russian administration, have not been included72. Thus, there was no real
reason to expect that the pressure on Russia through the constraining effect would
be extensive enough to cause the change in their behaviour.
It is also questionable whether the coercive element of the EU -sanctions was
expected to occur. The target’s voluntary cooperation is an essential pre -condition
for the coercive element of sanctions to work. However, in this particular cas e two
aspects speak against Russia’s voluntary cooperation. First, according to the
theory, it should be possible for the target country to satisfy the demands of the
sender without losing face. Whereas the EU has stressed, in particular from the

71 Anthony H. Cordesman, Bryan Gold, and Chloe Coughlin -Schulte, Iran – Sanctions, Energy, Arms
Control, and Regime Change (Washington: Center for Strategic and International Studies, 2014), 133
72 Viljar Veebel, “Will Economic Sanctions fulfil Baltic Expectations in terms of Ukraine and Russia ,” Baltic
Rim Economies No. 6 (2014).
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

184 beginning of 2015, that the sanctions against Russia are directly related to the full
implementation of the Minsk agreement73, Russia’s power ful elite ha ve consistently
stressed that Russia is only a guarantor of the Minsk agreement and not a party of
it, despite th e ample evidence to the contrary. So, without admitting that its
military forces were involved in destabilizing Ukraine, it would have been difficult
for Russia to simultaneously satisfy the European Union’s requests to withdraw its
troops and equipment fr om the area and not to lose face both on the international
and national stages . Therefore, although fully justified in theory, in real terms the
EU’s request that Russia should cease its support for the separatists in East Ukraine
had no reasonable prospec t of success. Secondly, another precondition for the
coercive element of sanctions to work is that sanctions cause direct material costs
to targets, something that could be avoided when changing the behaviour.
However, as discussed earlier, the economic ha rm has not been declared as the
main aim of the EU -sanctions ; on the contrary, it was hardly mention ed when
implementing the sanctions.
Conversely, a lot was expected from the signalling element of the sanctions.
The international community has been overtl y vocal about making it clear to Russia
that the persistent breach of the principle of territorial integrity of sovereign states
cannot be accepted. The EU -sanctions imposed on Russia in 2014 were presented
by the political leaders of the EU member states such as Angela Merkel, Francois
Hollande, David Cameron, Matteo Renzi and others as “a strong warning to Russia,
that the EU will not tolerate Russia’s behaviour in Ukraine and it will not remain
without enormous consequences”. However, the desired politic al outcome —the
restoration of the territorial integrity of Ukraine and the full implementation of the
Minsk agreement —has not been achieved as yet.
The signalling effect of the sanctions has been mitigated by the fact that the
opinions of the EU member st ates̕ on the issue have diverged considerably.
According to Leenders ,74 it is difficult to impose EU -sanctions against non-EU
countries due to the insufficient solidarity in the EU which combines with the
divergent individual interests of the member states, the tensions between “realist”
and “idealist” needs, uncooperative international actors, and other factors. As
regards the Russian -Ukrainian conflict, according to the YouGov EuroTrack survey75
conducted in March 2014 , in seven European countries (Germany, France, Sweden,
Denmark, United Kingdom, Norway , and Finland) public support of the European

73 “West sends mixed signals over Russia sanctions, G7, Ukraine crisis,” www.rt.com (2015) //
http://www.rt.com/news/223303 -eu-russia -sanctions -opinions/.
74 Leander Leenders, “EU Sanctions: A Relevant Foreign Policy Tool?” EU Diplomacy Paper No 3 (2 014):
9.
75 “Eurotrack Survey Results,” YouGov (2014) //
http://cdn.yougov.com/cumulus_uploads/document/n1z35e9mya/YG -Archive -140327 -Ukraine –
Eurotrack.pdf.
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

185 countries’ for further sanctions against Russia and for different parties in the
Russian -Ukrainian conflict varied remarkably. For example, more than 60% of the
survey participants in Denmark supported further sanctions against Russia,
whereas in Germany the respective figure was only 43%. In Denmark, 57% of the
survey participants sympathized with the new Ukrainian government in comparison
with 24% in France. 53% of the survey participants in Germany and 60% of the
participants did not sympathize either with the Russian government or the
Ukrainian government .76
The fragmentation of interests and positions of the EU member states as
regards sanctions against Russia is in fact anything but unpredictable, arising out of
the individual fears and interests of the member states. For example, Austrian
banks have extensive business relations with Russia, the Czech Republic fears for
its engineering exports, Poland is concer ned about the food export, Finland and the
Baltic countries are highly dependent on Russian gas supplies, and this is merely a
short excerpt from a long list .77 Although the impact of the Russian sanctions on the
growth of the EU and the euro zone has been estimated as rather limited several
EU countries have nevertheless announced that they face serious difficulties due to
the Russian sanctions and asked for measures to compensate it .78
Furthermore, there is the important matter of whether the pressure on Ru ssia
could actually occur as a result of stigmatization. For example, among other
measures, the EU has requested the European Investment Bank to suspend its new
financing operations of public sector projects in Russia. Also, during the second
round of the EU-sanctions a proposal has been made to disconnect Russia from the
global SWIFT banking transaction system, to which Russia responded fiercely
saying that Russia’s “response to a ny SWIFT restrictions would be ‘ without any
limits ’ in economic and other way s” (see the statement of D.Medvedev79) or even
that it would mean “war” (see the statement of A. K ostin, the head of the VTB
bank80). The reaction of the West to these statements has been rather modest and
there have not been any further discussions about Ru ssia’s exclusion from SWIFT
anymore.
In addition, the international stigmatization of Russia’s actions also has not
worked. Russia has sent a signal to the international community that Russia does

76 Ibid.
77 “Resistance grows in the EU to new Russian sanctions,” www.dw.com (2014) //
http://www.dw.com/en/resistance -grows -in-eu-to-new-russia -sanctions/a -17903208.
78 Kaspar Oja, “No milk for the Bear, the impact to the Baltic states of Russia´s counter sanctions ,” Baltic
Journal of Economics Vol. 15, No.1 (2015): 46 -47.
79 “Russian Cut off From Banking Backbone Said to be Ruled Out,” www.bloomberg.com (2015) //
http://www.bloomberg.com/news/articles/2015 -03-19/russian -cutoff -from-bank-backbone -said-to-be-
ruled-out-as-option.
80 “Cutting Russia out of SWIFT banking system would mean ‘war’,” www.rt.com (2015) //
http://www.rt.com/business/211291 -swift-banking -russia -vtb/.
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

186 not acknowledge the obvious violation of the fundamental pr inciples of international
law, and that the country is ready to combat “unfair” measures against Russia,
whatever the costs. However, knowing that its federal budget is highly dependent
on oil revenues, the avoidance of using the “transit card” could be, t o some extent,
interpreted as a sign that Russia is still not determined to win the current
“sanctions game” at any cost. In general, the international community is also rather
sceptical as regards Russia’s willingness to block oil transit through Ukraine as
Russia did not block oil export in the early 1980s, when the Cold War was at its
height.
In practice, the economic as well as political pressure on Russia has occurred
during the Russian -Ukrainian conflict as a result of a combination of the reaction of
international financial and capital markets, domestic inflationary pressure and
overall macroeconomic imbalances (mainly the overall fall in oil prices). From
October to December 2014, the Russian rouble weakened remarkably, direct
investments to Russia d ecreased and capital continued to flee Ru ssia.
At the same time, the weaker rouble has provided protection for the federal
budget (i.e. export earnings and taxes paid on exports will be translated into a
larger sum of roubles, thereby boosting the country’ s budget revenues) and created
indirect stimulus to domestic producers (imported products are relatively more
expensive while domestic goods become more price -competitive). About two -thirds
of government revenue comes from taxes on oil, gas , and other doll ar-denominated
exports. Because government expenditure is in roubles, a stronger rouble would
exacerbate the government's deficit and add further tension to an already painful
political process .81 To avoid the g rowing risk of hyperinflation, the Russian Cen tral
Bank has also spent remarkable amounts of reserves since the beginning of 2015,
and has so far succeeded in stabiliz ing the exchange rate.
Assuming that a regime change could occur only due to a growing
dissatisfaction among Russian citizens, in reali ty and despite the economic
difficulties, regime change in Russia is still rather unlikely because a strong
opposition ( or, political alternatives more generally ) is missing . Some existing
alternatives are as problematic for the EU as current President V. Putin (i.e. Russian
Prime Minister D. Medvedev) or even worse (i.e. R. Kadõrov or S. Shoigu).
Controversially, even not so much the EU -sanctions against Russia as the Russian
sanctions against the EU and its allies have strengthened the “rally -around -the-
flag” in Russia and consequently increase d domestic support to the Russian political
elite and its actions in the eastern part of Ukraine. This tendency can be directly

81 “Weak rouble is here to stay,” The Economist (July 21, 2015) //
http://country.eiu.com/article.aspx?articleid=223362006&Country=Russia&topic=Economy&subtopic=Fo
recast&subsub topic=Exchange+rates.
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

187 associated with those theoretical statements that presume sanction threats to be
more ef fective when used against democracies than non -democracies, and that in
totalitarian and authoritarian regimes the decision makers might easily insulate
themselves from the “harm” caused by sanctions.
Intriguingly, as regards the aims of the EU -sanctions a gainst Russia, a further
issue is related to the question whether the sanctions against Russia should be
considered just another institutionally safe and comfortable solution. Drawing on
the schools of institutionalism and neo -institutionalism , one could a ssert that the
EU-sanctions in the existing restricted format were something that were used to
avoid the opponent s losing face . This statement is, to some extent, supported by
Leenders ,82 who argues that “as the EU is increasingly confronted with situations
requiring a firm response, sanctions – arguably the EU ’s ‘hardest ’ tool – have
become somewhat of a standard reaction .” As regards the Russian -Ukrainian
conflict, sanctions can be described as a measure demonstrating that the EU has
some “teeth” in stand ing by its values, rather than focusing on specific economic or
political aims or objectives. At the same time, during the escalation of the conflict ,
from the beginning of 2015 , the demands from the EU side also have been clarified
(i.e. full implementatio n of the Minsk agreement; several sanctions were also
directly related to the annexation of Crimea). However, the lack of clearly
communicated aims of sanctions in the initial phase of the Russian -Ukrainian crisis
has probably diminished the potential of s anctions as an efficient tool to solve the
conflict.
CONCLUSIONS
The roots and core reasons of the Russian sanctions against the EU should be
discussed within a broad context. Russian President, Vladimir Putin , has considered
the collapse of the Soviet Uni on as “ the greatest geopolitical catastrophe of the 20th
century .”83 This statement clearly refers to his ambitions to restore the former
Soviet Union. In recent years Russia has made significant efforts to integrate
Russia, Belarus, and Kazakhstan in the f orm of the Eurasian Economic Union. At the
same time, some of the former Soviet Union republics, such as Georgia and
Ukraine, have been gravitating away from the Russia’s sphere of influence. Thus, it
could be argued that the conflict in Ukraine has been u ndoubtedly driven by
Russia’s ambitions to restore its power in the region. In this context, Russian
sanctions against the EU basically constitute another tool for jeopardizing the

82 Leander Leenders, supra note 74: 3.
83 Andrew Osborn, “Putin: Collapse of the Soviet Union was ‘catastrophe of the century’,”
www.independent.co.uk (April 25, 2005) // http://www.independent.co.uk/news/world/europe/putin –
collapse -of-the-soviet -union -was-catastrophe -of-the-century -6147493.html.
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

188 position of the E U̕ in the world arena in the eyes of these countries. However,
contrary to Russia ’s expectations, violent conflicts in Georgia in 2008 and in Ukraine
in 2014 -2015 also involving Russian military forces have tended to increase the
support in these countries for European values.
In imposing sanctions against Russia, the European Union has defined the
aims of the se sanctions somewhat ambiguously, leaving considerable room for
interpretation as to whether the sanctions have served their purpose or not. The
EU-sanctions imposed during the Russian -Ukrainian crisis have been more or less
focused on a symbolic and communicative level and therefore function merely to
persuade the European Union member states and the allies of the EU that they
stand united in the inter national arena and support democratic values in Europe.
Both crucial elements for successful sanctions —a clear , achievable aim and
sufficient economic and political pain —are missing: Russian oil and gas are still
flowing to the markets and Putin himself is not only in power but more popular than
ever before and, curiously, also without any travel restrictions. This could hardly be
considered sufficient in motivating Russia to change its behaviour. There is also
hardly any reason to believe that the short -term pressure on Russia should amount
to any serious coercive and constraining effect while sticking to the current set of
sanctions.
Along these lines, the question remains whether the sanctions against Russia
could contribute to the resolution of the mili tary conflicts in Ukraine within a
sufficient timeframe to save Ukrainian economic and political stability. Drawing on
the available historical parallels, the sanctions imposed to alter military activities
and to force the target country to withdraw its tr oops from border skirmishes have
in general not been successful.
In the particular case under discussion, i.e. during the Russian -Ukrainian
crisis, it is unlikely that the sanctions against Russia could force it to change its
behaviour in active way (by re turning Crimea). The maximum that can be expected
is to discourage Russia from further aggressive actions against other former Soviet
republics. As argued above, this is because the aims of sanctions were unclear in
the beginning and also a relatively weak “tool-box” of sanctions has been used by
the EU. Although the individuals and entities under sanctions were selected
individually, in reality the cherry -picking technique has not succeeded as only a
limited number of persons/entities directly linked to th e Russian decision makers
were actually put under pressure. Likewise, the case analysed here suggests that
sanctions alone are seldom successful if their aims remain too broad, if not all
possible methods are exploited by the one imposing sanctions, and if achieved
results are expected in a relatively short period of time .
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

189 BIBLIOGRAPHY
1. Adler-Nissen, Rebecca. “ Stigma Management in International Relations:
Transgressive Identities, Norms and Order in International Society .”
International Organization No. 68 ( 2014): 143-176.
2. Blinken, Tony. “Ukraine in the White House Press Briefing ” (July 28, 2014) //
http://ukraine.usembassy.gov/statements/wh -ukraine -07282014.html .
3. Brzoska, Michael. “Putting More Teeth in UN Arms Embargoes”: 125 –144. In :
D. Cortright and G. A. Lopez, eds. Smart Sanctions: Targeting Economic
Statecraft . Rowman and Littlefield Publishers, 2002.
4. Cerni, Boris , and Dina Khrennikova. “ Slovenia Wants End to EU Sanctions on
Russia That Hurt Trade .” www.bloomberg.com (July 2015 ) //
http://www.bloomberg. com/news/articles/2015 -07-27/slovenia -wants -to-see-
end-of-eu-russia -sanctions -than-hurt-trade.
5. Cordesman, Anthony H., Bryan Gold, and Chloe Coughlin -Schulte. Iran –
Sanctions, Energy, Arms Control, and Regime Change . Washington: Center
for Strategic and In ternational Studies, 2014.
6. “Cutting Russia out of SWIFT banking system would mean ‘war’.” www.rt.com
(2015) // http://www.rt.com/business/211291 -swift-banking -russia -vtb/.
7. Davis, Lance , and Stanley Engerman. “History Lessons: Sanctions – Neither
War nor Pe ace.” Journal of Economic Perspective Vol. 17, No. 2 (Spring
2003): 187 –197.
8. Delevic, Milica. “Economic sanctions as a foreign policy tool: The case of
Yugoslavia.” The Interna tional Journal of Peace Studies Vol. 3, No. 1 (1998).
9. Dizaji, Sajjad F., and Pet er van Bergeijk . “Could Iranian sanctions work? ‘Yes’
and ‘no’, but not ‘perhaps’.” www.voxeu.org (2013) //
http://www.voxeu.org/article/could -iranian -sanctions -work-yes-and-no-not-
perhaps .
10. Drezner, Daniel.W. “How Smart are Smart Sanctions .” International Studies
Review Vol. 5, No. 1 (2003): 107 –110.
11. Eilstrup -Sangiovanni, Mette. Debates on European Integration . New York:
Palgrave Macmillan, 2006.
12. Escribà‐Folch, Abel , and Joseph Wright. “Dealing with Tyranny: International
Sanctions and the Survival of Authoritarian Rulers .” International Studies
Quarterly Vol. 54, No. 2 (2010): 335 –359.
13. “Eurotrack Survey Results.” YouGov (2014) //
http://cdn.yougov.com/cu mulus_uploads/document/n1z35e9mya/YG -Archive –
140327 -Ukraine -Eurotrack.pdf.
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

190 14. “EU sanctions against Russia over Ukraine crisis.” European Union Newsroom
(July 19, 2015) //
http://europa.eu/newsroom/highlights/special –
coverage/eu_sanctions/index_en.htm#5 .
15. “Foreign Direct Investments to Russia.” www.tradingeconomics.com //
http://www.tradingeconomics.com/russia/foreign -direct -investment.
16. Galtung, Johan “On the Effects of International Economic Sanctions: With
Examples from the Case of Rhodesia .” World Politics Vol. 19, No. 3 (1967):
378–416.
17. Giumelli, Francesco , and Paul Ivan. “The effectiveness of EU sanctions .” EPC
Issue Paper No. 76 (2013) : 1–45.
18. Giumelli, Francesco. Coercing, Constraining and Signalling: Explaining and
Understanding International Sanctions af ter the End of the Cold War .
Colchester: ECPR Press, 2011.
19. Giumelli, Francesco. “ How EU sanctions work: A new narrative. EU Institute
for Security Studies .” Chaillot Paper No. 129 (2013): 5 –41.
20. Giumelli, Francesco. “Who pays for the sanctions on Russia? ” www.ecfr.eu
(September 5, 2014) //
http://www.ecfr.eu/article/commentary_who_pays_for_the_sanctions_on_rus
sia372 .
21. Griswold, Daniel. “Four Decades of Failure: The U.S. Embargo against Cuba. ”
www.cato.org (2005) // http://www.cato.org/publications/speeches/fo ur-
decades -failure -us-embargo -against -cuba.
22. Groves, Adam. “Are Sanctions an Appropriate Tool for Coercion in
International Politics? Why? ” www.e -ir.info (2007) //
http://www.e -ir.info/2007/12/03/are -sanctions -an-appropriate -tool-for-
coercion -in-internation al-politics -why/.
23. Hall, Peter A., and Rosemary Taylor . “Political Science and the Three New
Institutionalisms .” Political Studies Vol. 44, No. 5 (1996): 936 –957.
24. Hovi, Jon, Robert Huseby, and Detlef Sprinz . “When Do (Imposed) Sanctions
Work?” World Politic s Vol. 57, No. 4 (2005): 479 –499.
25. Hufbauer, Gary Clyde , Jeffrey J. Schott , Kimberly Ann Elliott , and Barbara
Oegg. Economic Sanctions Reconsidered . 3rd ed. Peterson Institute for
International Economics, 2007.
26. Leenders, Leander. “EU Sanctions: A Relevant F oreign P olicy Tool?” EU
Diplomacy Paper No. 3 (2014): 1 –36.
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

191 27. Lektzian, David , and Mar k Souva. “The economic peace between democracies:
Economic sanctions and domestic institutions .” Journal of Peace Research No.
40 (2003): 641 –660.
28. Oja, Kaspar . “No milk for the Bear, the impact to the Baltic states of Russia’ s
counter sanctions .” Baltic Journal of Economics Vol. 15, No.1 (2015): 38 –49.
29. Osborn, Andrew. “Putin: Collapse of the Soviet Union w as ‘catastrophe of the
century’.” www.independent.co.uk (April 25, 2005) //
http://www.independent.co.uk/news/world/europe/putin -collapse -of-the-
soviet -union -was-catastrophe -of-the-century -6147493.html .
30. “Resistance grows in the EU to new Russian sanctions.” www.dw.com (2014)
// http://www.dw.com/en/resistance -grows -in-eu-to-new-russia -sanctions/a –
17903208.
31. “Russia core inflation rate.” www.tradingeconomics.com //
http://www.tradingeconomics.com/russia/core -inflation -rate.
32. “Russia: EU extends economic sanctions by six months, Council of the
European Union.” European Council Pr ess Release (June 22, 2015) //
http://www.consilium.europa.eu/en/press/press -releases/2015/06/22 -russia –
sanctions/.
33. “Russian Cut off From Banking Backbone Said to be Ruled Out.”
www.bloomberg.com (2015) //
http://www.bloomberg.com/news/articles/2015 -03-19/russian -cutoff -from-
bank-backbone -said-to-be-ruled-out-as-option.
34. “Russian GDP annual growth rate.” www.tradingeconomics.com //
http://www.tradingeconomics.com/russia/gdp -growth -annual.
35. Tostensen, Arne , and Beate Bull. “ Are smart sanc tions feasible?” World Politics
Vol. 54, No. 3 (2002): 373 –403.
36. “U.S. and Europe Set to Toughen Russia Sanctions.” www.nytimes.com (July
28, 2015) //
http://www.nytimes.com/2014/07/29/world/europe/us -and-europe -agree -to-
escalate -sanctions -on-russia.html?_r=0.
37. Vara, Vauhini. “Hurt Putin hurt yourself .” The New Yorker (August 19, 2014)
// http://www.newyorker.com/business/currency/hurt -putin-hurt.
38. Veebel, Viljar, and Raul Markus. “Wirtschaftssanktionen als die Mittel der
internationalen Druck.” Estonian Discussions on Economic Pol icy Vol. 23, No.
1 (2015): 131 –151.
39. Veebel, Viljar . “Will Economic Sanctions fulfil Baltic Expectations in terms of
Ukraine and Russia .” Baltic Rim Economies No. 6 (2014): 42.
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

192 40. Verdier, Daniel , and Byungwon Woo. “Why rewards are better than
sanctions .” Economics & Politics Vol. 23, No. 2 (2011): 220 –238.
41. “Weak rouble is here to stay.” The Economist (July 21, 2015) //
http://country.eiu.com/article.aspx?articleid=223362006&Country=Russia&to
pic=Economy&subtopic=Forecast&subsubtopic=Exchange+rates.
42. “West sends mixed signals over Russia sanctions, G7, Ukraine crisis.”
www.rt.com (2015) //
http://www.rt.com/news/223303 -eu-russia -sanctions -opinions/.
LEGAL REFERENCES
1. Decision 2014/145/CFSP . Council of the European Union. OJ L 78 (17 March
2014).
2. Decision 2014/265/C FSP. Council of the European Union. OJ L 137 (12 May
2014) [amendment to the criteria for listing (travel bans/asset freezes);
amendment to the list of persons and entities subject to restrictive
measures].
3. Decision 2014/308/CFSP . Council of the European U nion. OJ L 160 (29 May
2014) [amendment to the list of persons and entities subject to restrictive
measures].
4. Decision 2014/386/CFSP . Council of the European Union. OJ L 365 (19
December 2014) [to expand the restrictive measures on Crimea and
Sevastopol re lating to finance, goods and tourism].
5. Decision 2014/455/CFSP . Council of the European Union. OJ L 205 (12 July
2014) [amendment to the list of persons and entities subject to restrictive
measures].
6. Decision 2014/475/CFSP . Council of the European Union. OJ L 214 (19 July
2014) [amendment to the criteria for listing (asset freezes)].
7. Decision 2014/508/CFSP . Council of the European Union. OJ L 226 (30 July
2014) [amendment to the list of persons and entities subject to restrictive
measures].
8. Decision 2014/658 /CFSP . Council of the European Union. OJ L 271/47 (12
September 2014) [amendment to the list of persons and entities subject to
restrictive measures; inclusion of persons and entities related to separatist
groups in the Donbass region].
9. Decision 2014/801/C FSP. Council of the European Union. OJ L 331 (18
November 2014) [ to amend the reasons for listing one person].
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

193 10. Decision 2014/855/CFSP . Council of the European Union. OJ L 344 (29
November 2014) [ to add thirteen individuals and five organisations to the lis t
of those subject to restrictive measures].
11. Implementing Decision 2014/151/CFSP . Council of the European Union. OJ L
86 (21 March 2014) [amendment to the list of persons and entities subject to
restrictive measures ].
12. Implementing Decision 2014/238/CFSP . Council of the European Union. OJ L
126 (28 April 2014) [amendment to the list of persons and entities subject to
restrictive measures ].
13. On measures to implement the Russi an President’s Executive Order ‘ On
Extending Certain Special Economic Measures in the Interest of Ensuring the
Security of the Russian Federation ’. Government of Russia (August 2014 ) //
http://government.ru/docs/14195/ [in Russian] .
14. Regulation 833 /2014. Council of the European Union . OJ L 229/1 (31 July
2014) [concerning restrictive measure s in view of Russia's actions
destabilising the situation in Ukraine ].
15. Regulation 960/2014. Council of the European Union . OJ L 271/3 (8
September 2014) [amending Regulation (EU) No 833/2014 concerning
restrictive measures in view of Russia's actions desta bilising the situation in
Ukraine .
16. Regulation 1290/2014. Council of the European Union . OJ L 349 (4 December
2014) [amending Regulation (EU) No 833/2014 concerning restrictive
measures in view of Russia's actions destabilising the situation in Ukraine, and
amending Regulation (EU) No 960/2014 amending Regulation (EU) No
833/2014 ].
17. Resolution of the Government of the Russian Federation no. 156 of
02.21.2015. On the Russian part of the intergovernmental commission on
trade-economic and scientific -technical c ooperation betwe en Russia and
foreign countries . Government of Russia (21 February 2015) //
http://government.ru/docs/all/94975/ [in Russian].
18. Resolution of the Government of the Russian Federation no. 835 of
08.21.2014 , On additional measures to regulate the import of meat of cattle
and poultry. Government of Russia (21 August 2014 ) //
http://government.ru/docs/all/92613/ [in Russian].
19. Russian President’s Executive Order no. 368, 15.07.2015, On closure of the
Ministry of the Russian Federation for the Crim ea and the State Commission
for Socio -Economic Development of the Republic of Crimea and Sevastopol .
Unauthenticated
Download Date | 2/22/20 10:09 PM

BALTIC JOURNAL OF LAW & POLITICS ISSN 2029 -0454
VOLUME 8, NUMBER 1 2015

194 President of Russia (15 July 2015) // http://www.kremlin.ru/acts/bank/39955
[in Russian].
Unauthenticated
Download Date | 2/22/20 10:09 PM