Contractual Consequences of Sanctions before the English Courts

Charles Proctor

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Chapter 14 Contractual Consequences of Sanctions before the English Courts

In: International Sanctions: Monetary and Financial Law Perspectives

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Charles Proctor

Charles Proctor
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Type:: Chapter

Pages:: 327–349

DOI:: https://doi.org/10.1163/9789004705708_016

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Abstract

The use of sanctions as a tool of public policy has become a familiar feature of the international legal landscape. Few would doubt that a regime of sanctions is a legitimate response to a flagrant or persistent breach of international law, although views as to their effectiveness may differ. Whilst sanctions will be imposed as a matter of high governmental policy, their effect will be largely in the private and commercial spheres. Compliance can pose difficulties for the corporate sector. Those challenges are only exacerbated where — as in the case of Russia/Ukraine—the sanctions have been widened over a period to embrace additional forms of business activities. This chapter examines significant judicial decisions in the sanctions arena. It also considers standard clauses designed to legislate for frustration or force majeure affecting contractual obligations.

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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 14 Contractual Consequences of Sanctions before the English Courts

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International Sanctions: Monetary and Financial Law Perspectives

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