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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.
Chiara Zilioli is the General Counsel of the European Central Bank and Professor of Law at J.W. Goethe University (Frankfurt am Main).Régis Bismuth is Professor at Sciences Po Law School (Paris).Luc Thévenoz is Professor at the University of Geneva and Director of the Centre for Banking and Financial Law.
Notes on ContributorsIntroductionPart 1: Money and Finance: the New Frontiers of International Sanctions1 Economic and Financial Sanctions in International Law: Nature, Sources and ReviewabilityChristos Hadjiemmanuil2 The United States-Led Development of Financial Sanctions Since 1945James H. Freis, Jr. and Michael Waibel3 Financial Sanctions: the Development of an EU PracticeRené Smits4 Weaponisation of Money and PaymentsRosa Lastra5 Towards a New Extraterritoriality of EU Sanctions?Régis Bismuth and Jan Dunin-Wasowicz6 Evolution of the UK Financial Sanctions Framework Following the UK’s Withdrawal from the EUSonya BranchPART 2: Central Banks and Financial Sanctions7 Economic Sanctions and Central Bank ImmunityIngrid Brunk8 The Use of Inmobilised Assets and Reserves of the Central Bank of Russia: a Perspective from EU LawAlberto de Gregorio Merino9 Beyond Immunities: Sanctions and the Fundamental Rights of Central BanksMichael Ioannidis10 Economic Sanctions and Central Banks: Applying the Principles Articulated in the Arbitral Decision between the Federal Reserve and Bank MarkaziThomas Baxter11 The Role of Central Banks in the Application of International Financial Sanctions: the Case of the ECB and the Sanctions against RussiaChiara Zilioli12 The EU’s Restrictive Measures on the Russian Central Bank: Some Financial Stability Perspectives in Light of the Sberbank CasesChristos V. GortsosPart 3: The Impact of Sanctions on Contractual Rights and Property13 The Legal Effect of Sanctions against Russia on Financial and Commercial TransactionsSir William Blair14 Contractual Consequences of Sanctions before the English CourtsCharles Proctor15 Third Country Economic Sanctions and the EU Blocking RegulationKlaus Peter Follak16 The Restriction on Trust Services: a New Sanction in Need of ImprovementLuc Thévenoz17 The Key Role of Financial Institutions in Implementing Asset Freezing MeasuresThe Example of EU Freezing Measures against Russian Individuals and EntitiesCaroline Kleiner18 Targeted Financial Sanctions and Asset Confiscation: a Thorny Legal Path from Freeze to ConfiscateIryna BogdanovaIndex
William Blair, Christos Gortsos, Chiara Zilioli, 3 Verulam Buildings) Blair, William (Associate Member, former Judge of Londonas Commercial Court, and Professor of Financial Law and Ethics at the Centre for Commercial Law Studies, Queen Mary University of London,, Associate Member, former Judge of Londonas Commercial Court, and Professor of Financial Law and Ethics at the Centre for Commercial Law Studies, Queen Mary University of London,, Law School of the National and Kapodistrian University of Athens) Gortsos, Christos (Professor of Public Economic Law at the Law School of the National and Kapodistrian University of Athens, Professor of Public Economic Law at the Law School of the National and Kapodistrian University of Athens, General Counsel of the ECB) Zilioli, Chiara (General Counsel of the ECB
Hideki Kanda, Charles Mooney, Luc Thevenoz, Stephane Beraud, Thomas Keijser, Charles Mooney Jr., University of Tokyo) Kanda, Hideki (Professor of Law, University of Pennsylvania) Mooney, Charles, Jr. (Professor of Law, University of Geneva) Thevenoz, Luc (Professor of Law, Banque de France) Beraud, Stephane (Head of the European and Financial Markets Law Division, Legal Services, UNIDROIT) Keijser, Thomas (Senior Officer/Consultant