International Sanctions: Monetary and Financial Law Perspectives

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International Sanctions: Monetary and Financial Law Perspectives

Edited by Chiara Zilioli · Régis Bismuth · Luc Thévenoz
Brill Nijhoff August 2024

Specifications

ISBN-13
9789004705692
Publisher
Brill Nijhoff
Publication
August 2024
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

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.

Table of Contents

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
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