ILRG ECRE Series Event
The Lawfulness of the Non-judicial Measures of Constraint against Sovereign Property under International Law by Attila Novák, KU Leuven
Date and time
Location
Old College, The University of Edinburgh
South Bridge Edinburgh EH8 9YL United KingdomAbout this event
International Law Reading Group is happy to announce its fourth event in the new Early Career Research Exchange (ECRE) Series, hosting Attila Novák, who is a PhD candidate at the Catholic University of Louvain. Attila will be sharing his research titled as "The Lawfulness of the Non-judicial Measures of Constraint against Sovereign Property under International Law" with the PGR community of Edinburgh Law School.
The full abstract of Attila's research could be found below:
The research deals with non-judicial coercive measures implemented by States or international organisations that restrain a foreign State in the disposition of its sovereign assets. These measures are frequently referred to as “sanctions” and target foreign States committing breaches of international law, and they are employed to induce the foreign State to cease its unlawful activity and comply with its international obligations. Historically, the relevant state practice was related to measures targeting enemy State property and war reparations. The most recent developments concern the measures adopted concerning Russia's sovereign assets in the context of its full-scale aggression against Ukraine. Generally, the research deals with three types of measures: a provisional constraint such as asset freezes or immobilisation; measures with permanent legal effects implying the transfer of title over the sovereign assets without the concerned State’s consent and any compensation (e.g. confiscation); and finally, different modalities of using the sovereign property. The main research questions regarding the relevant practice may be articulated around the primary and secondary rules of international law, i.e. whether the measures in question are intrinsically lawful under international law and whether the potential breach could be justified per international law. On the first question, the principal issue is whether the immunity from execution applies to an administrative constraint. However, the measures in question may be at variance with other rules of international law, such as the principle of non-intervention and inviolability, the rules of international investment and international humanitarian law, and the property rights of the State and its entities. Concerning the second question, the main focus is on countermeasures, but potential justifications also include the consent of the foreign State, individual and collective self-defence, the execution of the decisions of international judicial organs, and the implementation of the resolutions of the UN Security Council and General Assembly.
The event will take place in person on 27 May, 11.00-12.30 at the Teaching Room 1 of Old College. We will provide tea/coffee and snacks and facilitate an informal, and interactive discussion.
We are looking forward to see all who are interested at the event!
With ECRE, the International Law Reading Group aims to host PGR students, recent graduates, and early career researchers to share their ongoing or completed research with the PGR community of the University of Edinburgh in an informal and engaging setting.
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