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International Sanctions: Monetary and Financial Law Perspectives

International Sanctions: Monetary and Financial Law Perspectives

Author: Chiara Zilioli; Régis Bismuth; Luc Thévenoz
Publisher: Brill Nijhoff
ISBN: 9789004705692
Published In: August 2024
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

AU$393.68

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Description
Contents

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The monetary and financial dimensions of economic sanctions have become critical components of sanctions strategies. A wider range of monetary and financial assets, entities (including central banks), and services are now targeted. Financial institutions, infrastructures, regulators and central banks play an increasingly influential role in shaping sanctions channels. Furthermore, sanctions may have significant impacts on financial obligations. This book, prepared under the auspices of the International Monetary Law Committee of the International Law Association (Mocomila), is the first to focus on the unexplored financial and monetary law aspects of economic sanctions and examine their impact on central banks and payment systems.

Notes on Contributors

Introduction

Editors: Chiara Zilioli, Régis Bismuth, and Luc Thévenoz

Part 1. Money and Finance: the New Frontiers of International Sanctions

Chapter 1 Economic and Financial Sanctions in International Law: Nature, Sources, and Reviewability

Author: Christos Hadjiemmanuil

Chapter 2 The United States-Led Development of Financial Sanctions Since 1945

Authors: James H. Freis Jr. and Michael Waibel

Chapter 3 Financial Sanctions: the Development of an EU Practice

Author: René Smits

Chapter 4 Weaponisation of Money and Payments

Author: Rosa M. Lastra

Chapter 5 Towards a New Extraterritoriality of EU Sanctions?

Authors: Régis Bismuth and Jan Dunin-Wasowicz

Chapter 6 Evolution of the UK Financial Sanctions Framework Following the UK’s Withdrawal from the EU

Author: Sonya Branch

Part 2 Central Banks and Financial Sanctions

Editors: Chiara Zilioli, Régis Bismuth, and Luc Thévenoz

Chapter 7 Economic Sanctions and Central Bank Immunity

Author: Ingrid Brunk

Chapter 8 The Use of Inmobilised Assets and Reserves of the Central Bank of Russia: a Perspective from EU Law

Author: Alberto de Gregorio Merino

Chapter 9 Beyond Immunities: Sanctions and the Fundamental Rights of Central Banks

Author: Michael Ioannidis

Chapter 10 Economic Sanctions and Central Banks: Applying the Principles Articulated in the Arbitral Decision between the Federal Reserve and Bank Markazi

Author: Thomas C. Baxter Jr.

Chapter 11 The Role of Central Banks in the Application of International Financial Sanctions: the Case of the ECB and the Sanctions against Russia

Author: Chiara Zilioli

Chapter 12 The EU’s Restrictive Measures on the Russian Central Bank: Some Financial Stability Perspectives in Light of the Sberbank Cases

Author: Christos V. Gortsos

Part 3 The Impact of Sanctions on Contractual Rights and Property

Editors: Chiara Zilioli, Régis Bismuth, and Luc Thévenoz

Chapter 13 The Legal Effect of Sanctions against Russia on Financial and Commercial Transactions

Author: Sir William Blair

Chapter 14 Contractual Consequences of Sanctions before the English Courts

Author: Charles Proctor

Chapter 15 Third Country Economic Sanctions and the EU Blocking Regulation

Author: Klaus Peter Follak

Chapter 16 The Restriction on Trust Services: a New Sanction in Need of Improvement

Author: Luc Thévenoz

Chapter 17 The Key Role of Financial Institutions in Implementing Asset Freezing Measures: The Example of EU Freezing Measures against Russian Individuals and Entities

Author: Caroline Kleiner

Chapter 18 Targeted Financial Sanctions and Asset Confiscation: a Thorny Legal Path from Freeze to Confiscate

Author: Iryna Bogdanova

Index