Targeted Financial Sanctions and Asset Confiscation: a Thorny Legal Path from Freeze to Confiscate

Iryna Bogdanova

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Chapter 18 Targeted Financial Sanctions and Asset Confiscation: a Thorny Legal Path from Freeze to Confiscate

In: International Sanctions: Monetary and Financial Law Perspectives

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Iryna Bogdanova

Iryna Bogdanova
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Type:: Chapter

Pages:: 406–428

DOI:: https://doi.org/10.1163/9789004705708_020

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Abstract

Currently, the overwhelming majority of both collective (UN-authorized) and unilateral sanctions are financial in nature. This growing use of financial sanctions has been described as “a new era of financial warfare” or a “weaponization of finance”. Traditionally, financial sanctions imposed in the form of asset freezes are temporary measures of constraint and do not entail the transfer of ownership. This being said, there have been instances when financial sanctions resulted in the confiscation of previously frozen assets. This chapter analyses the existing laws and state practices of asset confiscation, including recent developments instigated by the unprovoked Russian aggression against Ukraine.

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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 18 Targeted Financial Sanctions and Asset Confiscation: a Thorny Legal Path from Freeze to Confiscate

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International Sanctions: Monetary and Financial Law Perspectives

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