Maria Luisa Padelletti

The Confiscation of Russian Central Bank Reserves: A Cure Worse than the Disease?

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Abstract

The article carries out an in-depth analysis of the proposals relating to the possible confiscation of all or part of the monetary reserves of the Central Bank of Russia, currently under consideration by the EU and the United States, with a view to assessing their compliance with international law. The article first addresses the issue of a foreign State’s sovereign immunity from execution for public assets. It then mostly focuses on the questions relating to the possible third States' reactions to serious violation of jus cogens rules imposing erga omnes obligations

Keywords

  • countermeasures
  • self-defence
  • states immunity
  • confiscation
  • state’
  • s responsibility
  • use of force

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