The Legal Effect of Sanctions against Russia on Financial and Commercial Transactions

Sir William Blair

Jump to Content

Chapter 13 The Legal Effect of Sanctions against Russia on Financial and Commercial Transactions

In: International Sanctions: Monetary and Financial Law Perspectives

Author:

Sir William Blair

Sir William Blair
Search for other papers by Sir William Blair in
Current site
Google Scholar
PubMed

Type:: Chapter

Pages:: 307–326

DOI:: https://doi.org/10.1163/9789004705708_015

Purchase instant access (PDF download and unlimited online access):

€42.00€35.00 excl. VAT

Add to Cart

Redeem Access Token

Abstract

Currently, the sanctions imposed on Russia following its invasion of Ukraine are made under national, or EU, law, not international law by way of UNSC resolution. Though imposed by a relatively small proportion of the world’s States, these currently have a preponderance of influence in monetary, financial and central banking matters. The purpose of this chapter is to consider the legal effect of these sanctions as a matter of private law. The particular focus is on how sanctions imposed by one state may affect commercial and financial disputes coming for decision before the courts of other states and international arbitral tribunals. They may have direct or indirect effect extraterritorially (e.g.) by way of the law governing a transaction, or as part of the law of the place of its performance, or arguments may be advanced that public policy issues are engaged. Monetary sovereignty does not in itself imply extraterritorial recognition of sanctions imposed under the law of the issuing State (lex monetae), though if CBDCs are adopted, this principle may have to be revisited.

Citation Info

Save
Cite
Email this content

Share link with colleague or librarian

You can email a link to this page to a colleague or librarian:
Email this content
or copy the link directly:

https://brill.edhh.ma/abstract/book/9789004705708/BP000020.xml
The link was not copied. Your current browser may not support copying via this button.

Link copied successfully

Collapse
Expand

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

Front Matter

Back Matter

Metrics

	All Time	Past 365 days	Past 30 Days
Abstract Views	351	83	16
Full Text Views	43	25	2
PDF Views & Downloads	79	38	3

African Studies	Education	Media Studies
American Studies	History	Middle East and Islamic Studies
Ancient Near East and Egypt	Human Rights and Humanitarian Law	Musicology
Art History	International Law	Philosophy
Asian Studies	International Relations	Religious Studies
Biblical Studies	Jewish Studies	Slavic and Eurasian Studies
Biology	Languages and Linguistics	Social Sciences
Book History and Cartography	Life Sciences	Theology and World Christianity
Classical Studies	Literature and Cultural Studies

Subjects

Authors

Open Access

Product Information

Company

Contact

Chapter 13 The Legal Effect of Sanctions against Russia on Financial and Commercial Transactions

Abstract

Citation Info

Share link with colleague or librarian

International Sanctions: Monetary and Financial Law Perspectives

Table of Contents

Metrics

Metrics