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Economic Sanctions in EU Private International Law

Economic Sanctions in EU Private International Law

Author: Tamas Szabados
Publisher: Hart Publishing
ISBN: 9781509953578

Published In: July 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509933518

List Price: HKD 584.87

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Description
Contents

Details

Economic sanctions are an instrument of foreign policy. They may, however, affect the legal – first of all contractual – relations between private parties. In such a case, the court or arbitration tribunal seized has to decide whether to give effect or not to the economic sanction. It is private international law that functions as a 'filter' and transmits economic sanctions having a public law origin to the realm of private law. The aim of this book is to examine how private international law rules can influence the enforcement of economic sanctions and the related foreign policy objectives. A coherent EU foreign policy position as well as legal certainty and predictability would suppose a uniform approach not only concerning the economic sanctions of the EU, but also with regard to the restrictive measures imposed by third countries. However, if we examine in detail the application of economic sanctions by the courts of the Member States and arbitral tribunals, we find a somewhat different picture. It will become obvious that one of the reasons for this is the divergence of the private international law approaches in the Member States.

1. Introduction

I. Economic Sanctions in Private International Law

II. The Aim of this Book

III. Methodology and the Scope of the Work

IV. The Object of the Analysis: Economic Sanctions

V. Foreign Policy and Private International Law

VI. Adjudicative Rhetoric and Foreign Policy Considerations

2. The Legal Framework for Imposing Economic Sanctions

I. The UN Sanctions Regime

II. Economic Sanctions in Bilateral and Multilateral Treaties

III. Economic Sanctions in EU Law

3. Coherence and Legal Certainty in EU Law