Towards a New Extraterritoriality of EU Sanctions?

Régis Bismuth; Jan Dunin-Wasowicz

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Chapter 5 Towards a New Extraterritoriality of EU Sanctions?

In: International Sanctions: Monetary and Financial Law Perspectives

Authors:

Régis Bismuth

Régis Bismuth
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Jan Dunin-Wasowicz

Jan Dunin-Wasowicz
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Type:: Chapter

Pages:: 123–145

DOI:: https://doi.org/10.1163/9789004705708_007

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Abstract

Historically, the EU has strongly condemned the extraterritorial application of certain US sanctions, grounding its objections on international law principles governing state jurisdiction. However, in a more recent period, accelerated by Russia’s full-scale invasion of Ukraine, the EU has gradually expanded the geographical scope of its restrictive measures (EU sanctions), requiring in practice an increasingly less direct connection to the EU. This expansion is apparent in nearly all aspects of individual sanctions and trade controls with the EU private sector, beginning with financial institutions, playing a pivotal role in expanding the effects of EU sanctions. The expanded reach of EU sanctions results from a new era of assertiveness in the EU sanctions space and lays new groundwork for the potential extraterritorial application of EU law in a broader context. The original doctrine on extraterritoriality and the more recent developments are not necessarily mutually exclusive for not all forms of extraterritorial sanctions are illegal or illegitimate under international law.

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International Sanctions: Monetary and Financial Law Perspectives

E-Book ISBN:: 9789004705708

Publisher:: Brill | Nijhoff

Print Publication Date:: 19 Jul 2024

Subjects
- Human Rights and Humanitarian Law
  - Human Rights
- International Law
  - International Commercial, Trade & Investment Law

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Chapter 5 Towards a New Extraterritoriality of EU Sanctions?

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International Sanctions: Monetary and Financial Law Perspectives

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