Brunk: Central Bank Immunity, Sanctions, and Sovereign Wealth Funds

Ingrid (Wuerth) Brunk (Vanderbilt Univ. - Law) has posted Central Bank Immunity, Sanctions, and Sovereign Wealth Funds (George Washington Law Review, forthcoming). Here's the abstract:

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Central bank assets held in foreign countries are entitled to immunity from execution under international law. Even as foreign sovereign immunity in general has become less absolute over time, the trend has been towards greater protection for foreign central bank assets. As countries expand their use of central banks, however, recent cases have limited immunity for certain kinds of sovereign wealth funds held by central banks. Sanctions on foreign central bank assets have also become more common, raising issues about the relationship between central bank immunity and the recognition of governments, the relationship between immunity and executive actions, and the denial of central bank immunity as a countermeasure.

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This symposium essay explores recent developments in central bank immunity focusing on sovereign wealth fund litigation in Sweden, U.S. sanctions on Afghan central bank assets, and the global response to sanctions imposed on Russian central banks following the invasion of Ukraine. Some of these actions and cases do not and should not implicate foreign sovereign immunity. However, proposals to confiscate Russian central bank assets and U.S. litigation to turn Afghan central bank assets over to private plaintiffs, even if presented as countermeasures to secure reparations, would undermine significantly one of the increasingly rare areas of international economic law around which there is a global consensus: the immunity of foreign central banks from measures of execution.

Bogdanova: Unilateral Sanctions in International Law and the Enforcement of Human Rights: The Impact of the Principle of Common Concern of Humankind

Iryna Bogdanova has published Unilateral Sanctions in International Law and the Enforcement of Human Rights: The Impact of the Principle of Common Concern of Humankind (Brill | Nijhoff 2022). Here's the abstract:

Are unilateral economic sanctions legal under public international law? How do they relate to the existing international legal principles and norms? Can unilateral economic sanctions imposed to redress grave human rights violations be subjected to the same legal contestations as other unilateral sanctions? What potential contribution can the recently formulated doctrine of Common Concern of Humankind make by introducing substantive and procedural prerequisites to legitimise unilateral human rights sanctions? Unilateral Sanctions in International Law and the Enforcement of Human Rights by Iryna Bogdanova addresses these complex questions while taking account of the burgeoning state practice of employing unilateral economic sanctions.

Call for Submissions: The Laws of Economic Sanctions and Innovation

The Journal of Law, Market & Innovation has issued a call for submisssions for the first issue of its volume 2 on the topic "The Laws of Economic Sanctions and Innovation." The call is here.

Workshop: Sanctions in the Light of Russia's Invasion of Ukraine: What's New in Law and Practice?

On July 4, 2022, the Department of Law of the Faculty of Law, Economics and Finance at the University of Luxembourg will host a workshop, in the hybrid format, on "Sanctions in the Light of Russia's Invasion of Ukraine: What's New in Law and Practice?" Details are here.

Ridi & Fikfak: Sanctioning to Change State Behaviour

Niccolò Ridi (King's College London) & Veronika Fikfak (Univ. of Copenhagen - Law) have posted Sanctioning to Change State Behaviour (Journal of International Dispute Settlement, forthcoming). Here's the abstract:

This article, which sits in the context of a wider project devoted to understanding how state behaviour may be changed, seeks to focus on the act of sanctioning, broadly construed, as functional to that goal. Freeing ourselves from the constraints of too narrow a definition of the term ‘sanction’, we consider a wider gamut of instances of penalties on target states which are intended to accomplish the goal of changing state behaviour. Our goal is threefold: first, we aim to stimulate a debate on the nature of the act of sanctioning, which, we argue, is more embedded within international law than generally conceded; second, by looking at different sanctioning practices, we aim to identify their common elements and offer a taxonomy of the act of sanctioning within international law; third, we aim to consider the implications of different sanctioning practices and, in particular, understanding how and when they can amount to effective and acceptable tools to change state behaviour.

Call for Submissions: World Trade Review Symposium on "War, Sanctions, and the Future of the Trade Regime"

The World Trade Review has issued a call for submissions for a symposium to be published in the journal on "War, Sanctions, and the Future of the Trade Regime." The call is here.

Mulder: The Economic Weapon: The Rise of Sanctions as a Tool of Modern War

Nicholas Mulder (Cornell Univ. - History) has published The Economic Weapon: The Rise of Sanctions as a Tool of Modern War (Yale Univ. Press 2022). Here's the abstract:

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Economic sanctions dominate the landscape of world politics today. First developed in the early twentieth century as a way of exploiting the flows of globalization to defend liberal internationalism, their appeal is that they function as an alternative to war. This view, however, ignores the dark paradox at their core: designed to prevent war, economic sanctions are modeled on devastating techniques of warfare.

Tracing the use of economic sanctions from the blockades of World War I to the policing of colonial empires and the interwar confrontation with fascism, Nicholas Mulder uses extensive archival research in a political, economic, legal, and military history that reveals how a coercive wartime tool was adopted as an instrument of peacekeeping by the League of Nations. This timely study casts an overdue light on why sanctions are widely considered a form of war, and why their unintended consequences are so tremendous.

Conference: Taming the Many-Headed Monster? Secondary Sanctions in the International Legal Order

On December 2-3, 2021, the Ghent Rolin-Jaequemyns International Law Institute (GRILI) and the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE) will host a hybrid conference on "Taming the Many-Headed Monster? Secondary Sanctions in the International Legal Order." Program and registration are here.

Call for Input to Database of Articles on Unilateral Sanctions

The United Nations is establishing a database of academic articles, dissertations and research papers relating to the legal status, humanitarian impact and other aspects of unilateral sanctions, with the aim of facilitating future research on the subject. Authors and others are invited to submit relevant works in any language, with the following information as appropriate: citations, links to published works, and any additional information such as a description or key words. Authorization for putting materials online for the purpose of the database is also requested. The project, an initiative of the UN Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, Alena Douhan, is an outgrowth of an Expert Consultation on “The Notion, Characteristics, Legal Status and Targets of Unilateral Sanctions” held in Geneva earlier this year. The report from that meeting is here. Submissions should be sent by email to [email protected] with “Sanctions Reference Instrument Submission” in the subject line.

Conference: Taming the Many-Headed Monster? Secondary Sanctions in the International Legal Order

On December 2-3, 2021, the Ghent Rolin-Jaequemyns International Law Institute and the Utrecht Centre for Regulation and Enforcement in Europe will host a conference on "Taming the Many-Headed Monster? Secondary Sanctions in the International Legal Order." The conference will be held in a hybrid setting both on campus and online. The program is here. Registration is here.

Beaucillon: Research Handbook on Unilateral and Extraterritorial Sanctions

Charlotte Beaucillon (Univ. of Lille - Law) has published Research Handbook on Unilateral and Extraterritorial Sanctions (Edward Elgar Publishing 2021). Here's the abstract:

Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy.

This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions.

Call for Papers: Sanctions and Africa: an International Law and Politics Conference

Coventry University, the Graduate Institute Geneva, and the University of Pretoria have issued a call for papers for a conference on “Sanctions and Africa: An International Law and Politics Conference,” to be held December 9-10, 2021, in person in London and online. The call is here.

Subedi: Unilateral Sanctions in International Law

Surya P. Subedi (Univ. of Leeds - Law) has published Unilateral Sanctions in International Law (Hart Publishing 2021). Here's the abstract:

This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are.

The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment.

This study finds that unilateral sanctions by a state or a group of states against another state as opposed to 'smart' or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.

Call for Papers: Taming the many-headed monster? Secondary Sanctions in the International Legal Order

The Ghent Rolin-Jaequemyns International Law Institute (GRILI) and the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE) have issued a call for papers for a conference on "Taming the many-headed monster? Secondary Sanctions in the International Legal Order," to take place December 2-3, 2021. The call is here.

Weller: The Controversy about the Iranian Nuclear Sanctions Snapback

Marc Weller (Univ. of Cambridge - Law) has posted an ASIL Insight on The Controversy about the Iranian Nuclear Sanctions Snapback.

Conference: Unilateral / extraterritorial sanctions

On December 12-13, 2019, Université Paris 1 Panthéon-Sorbonne will host a conference on "Unilateral / extraterritorial sanctions." Registration is here. The program is here.

Asada: Economic Sanctions in International Law and Practice

Masahiko Asada (Kyoto Univ. – Law) has published Economic Sanctions in International Law and Practice (Routledge 2019). Contents include:

• Masahiko Asada, Definition and legal justification of sanctions
• Philippe Achilleas, United Nations and sanctions
• Pierre-Emmanuel Dupont, Human rights implications of sanctions
• Mirko Sossai, Legality of extraterritorial sanctions
• Jean-Marc Thouvenin, History of implementation of sanctions
• Richard Nephew, Implementation of sanctions: United States
• Francesco Giumelli, Implementation of sanctions: European Union
• Machiko Kanetake, Implementation of sanctions: Japan
• Andrea Berger, North Korea: Design, implementation, and evasion
• Kazuto Suzuki, Iran: The role and effectiveness of UN sanctions
• Tatsuya Abe, Syria: The chemical weapons question and autonomous sanctions
• Mika Hayashi, Russia: The Crimea question and autonomous sanctions

Menkes: The Legality of US Investment Sanctions against Iran before the ICJ: A Watershed Moment for the Essential Security and Necessity Exceptions

Marcin J. Menkes (Warsaw School of Economics) has posted The Legality of US Investment Sanctions against Iran before the ICJ: A Watershed Moment for the Essential Security and Necessity Exceptions (Canadian Yearbook of International Law, forthcoming). Here's the abstract:

International courts and tribunals so far have shown reluctance to delimit the normative scope of the essential security and necessity exceptions in international economic law. Legal scholars have also refrained from identifying the point of equilibrium between maintaining the core protections of international law and allowing for necessary flexibility in its application. This article argues that such stances are now untenable. The unilateral US withdrawal from the Iran nuclear deal, and the reintroduction of sanctions, has challenged the multilateral order. Although the sanctions resemble earlier measures, violation of the deal and of United Nations Security Council Resolution 2231(2015) has altered the normative context. The threat to the stability of the post-war multilateral order by a permanent member of the Security Council is unique. The author shows why Iran’s recourse to the International Court of Justice (ICJ) in this context should become a landmark case for international economic law and how it traps the ICJ in a gilded cage.

AJIL Unbound Symposium: Unilateral Targeted Sanctions

AJIL Unbound has posted a symposium on "Unilateral Targeted Sanctions." The symposium includes an introduction by Anne van Aaken and contributions by Antonios Tzanakopoulos, Devika Hovell, David S. Cohen and Zachary K. Goldman, Joshua P. Zoffer, Elena Chachko, and Alexandra Hofer.

Seminar: Expert Dialogue on the EU Blocking Regulation and Extraterritorial US Sanctions

On April 19, 2019, Utrecht University’s Law School’s research programme on Regulation and Enforcement in Europe will hold an "Expert Dialogue on the EU Blocking Regulation and Extraterritorial US Sanctions." The program is here.