{"title":"Freezing, Confiscation and Management of the Assets of the Russian Central Bank and the Oligarchs","authors":"Kazuhiro Nakatani","doi":"10.1163/18719732-12341496","DOIUrl":null,"url":null,"abstract":"As the most powerful measure of economic sanctions against Russia which invaded Ukraine, the Western States froze the assets of the Russian Central Bank and the Oligarchs which are situated in their States. This article attempts to clarify the legality of the freezing, confiscation, and management of assets under international law. The freezing of assets is a legal countermeasure against aggression. Confiscation is lawful only if certain conditions are satisfied. Management is a realistic option which avoids the legal risks which might arise from confiscation.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"13 1","pages":""},"PeriodicalIF":0.4000,"publicationDate":"2024-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Community Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/18719732-12341496","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
As the most powerful measure of economic sanctions against Russia which invaded Ukraine, the Western States froze the assets of the Russian Central Bank and the Oligarchs which are situated in their States. This article attempts to clarify the legality of the freezing, confiscation, and management of assets under international law. The freezing of assets is a legal countermeasure against aggression. Confiscation is lawful only if certain conditions are satisfied. Management is a realistic option which avoids the legal risks which might arise from confiscation.
期刊介绍:
The Journal aims to explore the implications of various traditions of international law, as well as more current perceived hegemonic trends for the idea of an international community. The Journal will also look at the ways and means in which the international community uses and adapts international law to deal with new and emerging challenges. Non-state actors , intergovernmental and non-governmental organisations, individuals, peoples, transnational corporations and civil society as a whole - have changed our outlook on contemporary international law. In addition to States and intergovernmental organizations, they now play an important role.