Confiscating Russia’s Frozen Central Bank Assets: A Permissible Third-Party Countermeasure?

نویسندگان

چکیده

Abstract The war of aggression by a permanent member the Security Council, combined with availability its assets on territory other states, creates an opportunity to solve one international law’s enigmas: legality third-party countermeasures in general interest. Would confiscating Russia’s frozen Central Bank and making proceeds available repair damage Ukraine be permissible as such countermeasure? This paper argues that state immunity cannot relied upon prevent freezing or confiscation foreign central bank direct executive action; is countermeasure stop serious case aggression; would not qualify but may ‘lawful measure’ damage. Recent changes Canadian legislation support existence permissive rule. On hand, controversial measures United States control Afghan demonstrate need for safeguards against abuse.

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ژورنال

عنوان ژورنال: Netherlands International Law Review

سال: 2023

ISSN: ['0165-070X', '1741-6191']

DOI: https://doi.org/10.1007/s40802-023-00231-7