The Cambridge Handbook of Secondary Sanctions and International Law

Vorwort
Focuses on the legality of secondary sanctions where powerful States seek to restrict trade between third states and sanctioned states.

Autorentext
Tom Ruys is a professor of international law at Ghent University where he heads the Ghent Rolin-Jaequemyns International Law Institute. He is co-editor-in-chief of the Military Law and Law of War Review. His publications include 'Secondary Sanctions: A Weapon Out of Control' (with C. Ryngaert, British Yb IL 2020) and the Cambridge Handbook of Immunities and International Law (2019, ed. with N. Angelet). Cedric Ryngaert is a professor of international law at Utrecht University. His publications include Jurisdiction in International Law (2015, 2nd ed), Selfless Intervention: The Exercise of Jurisdiction in the Common Interest (2020), and 'Secondary Sanctions: a weapon out of control' (with T. Ruys). He chairs the Dutch Advisory Council on International Law and is the editor-in-chief of the Netherlands International Law Review.Felipe Rodríguez Silvestre is a Ph.D. researcher at Ghent University focusing on the legality of secondary sanctions under public international law. He studied law at Universidad de Chile and holds a Master of Laws degree in Advanced Studies in Public International Law from Leiden University. Felipe previously worked as a legal officer of the Ministry of Foreign Affairs of Chile in the dispute between Chile and Bolivia before the International Court of Justice, 'Obligation to negotiate access to the Pacific Ocean'.

Klappentext
"This book addresses the international legal issues surrounding the adoption of secondary sanctions. These controversial measures aim to regulate economic or financial transactions between third states and a target state. The volume takes on board recent evolutions in case-law and practice, such as the drafting of the EU Anti-Coercion Instrument"--

Zusammenfassung
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.

Inhalt

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.