The Cambridge Handbook of Secondary Sanctions and International Law

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The Cambridge Handbook of Secondary Sanctions and International Law

Edited by Tom Ruys · Cedric Ryngaert · Felipe Rodríguez Silvestre
Cambridge University Press December 2024

Specifications

ISBN-13
9781009365826
Publisher
Cambridge University Press
Publication
December 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

We live in an age of sanctions. For geopolitical reasons, powerful states and economic blocks increasingly impose unilateral measures restricting economic transactions with certain target states. These sanctions may apply to transactions between the sanctioning state and a target country but may at times also extend to transactions between third states and the target state. By imposing such 'secondary' sanctions, states aim to further isolate the target state. The extraterritorial character of secondary sanctions makes them controversial, as they impinge on third states' economic sovereignty and the latter's operators' freedom to conduct international business. This book addresses the legality of secondary sanctions from multiple legal perspectives, such as general international law, international economic law, and private law. It examines how third states and operators can legally react against secondary sanctions, e.g. via blocking legislation or litigation. It also provides economic and political perspectives on secondary sanctions.

Table of Contents

Introduction
1. Secondary sanctions in the international legal order Cedric Ryngaert, Tom Ruys and Felipe Rodriguez Silvestre

Part I. Secondary Sanctions – Setting the Stage:
2. 'Secondary sanctions' – what's in a name? Charlotte Beaucillon
3. The economic effect of secondary sanctions on firms: theory and (scarce) evidence Christopher Hartwell
4. The impact of unilateral (especially US secondary) sanctions: how do international financial institutions and their compliance officers cope? Martin Vogt
5. The EU and the politics of secondary sanctions Clara Portela

Part II. Secondary Sanctions and General Public International Law:
6. Secondary sanctions, access restrictions and customary international law Patrick Terry
7. The correlation theory: a new tool in currency-based jurisdiction Susan Emmenegger and Florence von Mutzenbecher
8. Challenging secondary sanctions in US courts: reflections on the halkbank case William S. Dodge
9. Secondary sanctions and the principle of non-intervention Felipe Rodríguez Silvestre
10. Secondary sanctions, state responsibility and grave breaches of jus cogens norms Stefano Silingardi

Part III. Secondary Sanctions and International Economic Law:
11. Secondary economic sanctions – what role for the world trade organization? Peter-Tobias Stoll
12. Secondary sanctions under international investment law Pierre-Emmanuel Dupont
13. The enforcement of extraterritorial sanctions: asset freezes and international monetary law Annamaria Viterbo
14. Secondary sanctions under general and security exceptions Geraldo Vidigal and Celia Challet

Part IV. Secondary Sanctions in Commercial Practices and Domestic Litigation:
15. Secondary sanctions and force majeure clauses: the perspective of financial institutions Roger Kaiser and Eduard Hovsepyan
16. The impact of extraterritorial and secondary sanctions on contractual obligations Mercédeh Azeredo da Silveira and Cedric Ryngaert

Part V. The Future of Secondary Sanctions:
17. Secondary sanctions – the Chinese perspective Congyan Cai
18. Secondary sanctions, the informal economy, and the cryptocurrency disruption Lauren E. Brown
19. Secondary sanctions after Russia's invasion of Ukraine – a whole new world? Tom Ruys and Felipe Rodriguez Silvestre
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