Item Infomation
Title: | Confiscating Russia’s Frozen Central Bank Assets: A Permissible Third-Party Countermeasure? |
Authors: | Kamminga, Menno T. |
Issue Date: | 2023 |
Publisher: | Springer |
Abstract: | The war of aggression by a permanent member of the Security Council, combined with the availability of its assets on the territory of other states, creates an opportunity to solve one of international law’s enigmas: the legality of third-party countermeasures in the general interest. Would confiscating Russia’s frozen Central Bank assets and making the proceeds available to repair the war damage in Ukraine be permissible as such a countermeasure? This paper argues that state immunity cannot be relied upon to prevent the freezing or confiscation of foreign central bank assets by direct executive action; that freezing foreign state assets is permissible as a third-party countermeasure to stop a serious case of aggression; and that confiscation would not qualify as a countermeasure but may be permissible as a ‘lawful measure’ to repair the damage. |
Description: | CC-BY |
URI: | https://link.springer.com/article/10.1007/s40802-023-00231-7 https://dlib.phenikaa-uni.edu.vn/handle/PNK/9245 |
Appears in Collections | OER - Pháp luật - Thể chế xã hội |
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