In recent weeks, officials in Europe have debated the idea of confiscating frozen Russian assets and using the money to fund Ukraine’s ongoing war effort. During his visit to the US last month, French President Emmanuel Macron said that frozen Russian assets held in the Brussels-based financial clearing house Euroclear should be “part of the negotiation at the end of the war” but has stopped short of advocating redirecting them.
Proponents of such tactics argue that they are necessary to exert pressure on governments that violate international norms. But critics caution against potential breaches of international law and the precedent these measures set for state sovereignty.
Sanctions are a pivotal instrument in international relations and diplomacy, enabling countries to apply pressure without resorting to military force. The aim is to promote behavioural change while minimising any direct harm to civilian populations. But the effectiveness of sanctions is often contested, partly because they can lead to unintended consequences and typically require the co-operation of many countries to achieve significant outcomes.
International law around the use of force is clear: military action, except in cases of self-defence, is explicitly prohibited in the UN Charter. But the laws around economic coercion, and how states can appropriately respond to it, are much less clear.
For instance, could sanctions justify a right to self-defence for the targeted states? To what extent does sovereign immunity normally enjoyed by central banks – and their assets – protect them from sanctions or other forms of economic coercion? What happens when sanctions affect a third country, which may have a trade agreement with the targeted country? Can one country claim responsibility to protect another from sanctions, the way it might intervene to protect it from an invasion?
Some scholars argue that economic pressure does not break international law or trigger international responsibility, provided the specific actions it consists of don’t break other laws. Sanctions, specifically, can be imposed by the UN Security Council, or autonomously by states, or as countermeasures against wrongful acts. Regional organisations can also impose autonomous measures against member states, provided these actions align with their founding documents and customary international law.
It is important to note that some measures may violate certain norms, yet they may still be legal if they qualify as countermeasures. The problem is that the evidentiary standards are unclear. Judicial review is usually only possible in cases where there is a Bilateral Investment Treaty or some other governing document in force that contains an arbitration clause. But in most cases of sanctions being applied autonomously by one country, judicial review is highly unlikely.
In recent decades, the EU has increasingly resorted to sanctions, but its implementation needs improvement. Certain aspects of implementation, including the determination of penalties and exemptions, remain in the hands of individual EU member states’ authorities. Those individual member states are often not on the same page about these things – something we can already see with respect to sanctions against Russia.
Another problem area – extraterritorial legislation – has become increasingly relevant because of the US’s behaviour. Washington often attempts to impose an obligation on other countries to comply with sanctions it has enacted unilaterally. This creates tensions between the US and other entities, including the EU, when their respective sanctions do not align. Consequently, efforts should be made to regulate this issue at the international level.
The EU has increasingly resorted to sanctions, but its implementation needs improvement
There are always concerns that economic sanctions may cause serious and widespread harm to civilian populations. Smart or targeted sanctions are meant to be a solution to that problem, but they raise their own set of questions concerning potential violations of individual rights. Individuals being singled out on a sanctions list – often along with their entire families – raises issues of respect for personal and family life, as well as property rights.
The EU’s sanctions and seizure of assets targeting Russia following the latter’s full-scale invasion of Ukraine in 2022 have introduced a complex array of legal, political, economic and practical challenges.
Legally, the principle of sovereign immunity protects a state’s assets. While the EU may consider its freezing of Russia’s €260 billion ($283 billion) defensible, an outright seizure of these reserves remains contentious under international law. Moreover, confiscating assets belonging to Russian businessmen and women could infringe on property rights and set a precedent that might undermine trust in western financial systems.
Such measures could also pose economic challenges for the EU. For instance, Moscow’s potential retaliatory measures could pose a threat to EU assets, while the evasion of sanctions through supposed “shadow fleets” diminishes their effectiveness. Divisions within the EU, particularly over concerns among German and French policymakers about the euro’s stability, complicate efforts to achieve a resolution on the matter. This is all the more so, with the bloc coming under pressure to continue funding Ukraine even without American assistance.
Practically, the legal complexities of seizing personal assets like yachts, coupled with the mixed outcomes of sanctions – evidenced by Russia’s economic growth in 2023 – raise doubts, particularly amid the economic strain already being felt by EU citizens.
Potential solutions include better co-ordination among G7 nations; the use of profits derived from the aforementioned Russian assets instead of their outright seizure; and providing subsidies to citizens to alleviate domestic dissatisfaction in the event of retaliatory measures from Russia. The bloc also has solutions in the legal domain. It can codify asset seizure as a countermeasure; establish a sanctions tribunal; broaden exceptions to sovereign immunity in cases of aggression; and define clear criteria for the seizure of private assets.
The challenge for the EU is in balancing actions that can lead to behavioural change from Moscow, with continued support for Kyiv while trying to mitigate the risk of destabilising its own systems. A cautious, multilateral strategy coupled with some legal reforms could help achieve this.
Balancing punitive actions against adherence to the law is always a complex issue. What is needed, then, is a nuanced approach that considers both the effectiveness and legality of such measures in the global arena.
UAE%20v%20West%20Indies
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Other key dates
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Finals draw: December 2
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Finals (including semi-finals and third-placed game): June 5–9, 2019
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Euro 2020 play-off draw: November 22, 2019
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Euro 2020 play-offs: March 26–31, 2020
Paatal Lok season two
Directors: Avinash Arun, Prosit Roy
Stars: Jaideep Ahlawat, Ishwak Singh, Lc Sekhose, Merenla Imsong
Rating: 4.5/5
UPI facts
More than 2.2 million Indian tourists arrived in UAE in 2023
More than 3.5 million Indians reside in UAE
Indian tourists can make purchases in UAE using rupee accounts in India through QR-code-based UPI real-time payment systems
Indian residents in UAE can use their non-resident NRO and NRE accounts held in Indian banks linked to a UAE mobile number for UPI transactions
The specs
Engine: 2.0-litre 4cyl turbo
Power: 261hp at 5,500rpm
Torque: 405Nm at 1,750-3,500rpm
Transmission: 9-speed auto
Fuel consumption: 6.9L/100km
On sale: Now
Price: From Dh117,059
The biog
Family: He is the youngest of five brothers, of whom two are dentists.
Celebrities he worked on: Fabio Canavaro, Lojain Omran, RedOne, Saber Al Rabai.
Where he works: Liberty Dental Clinic
Specs
Engine: 51.5kW electric motor
Range: 400km
Power: 134bhp
Torque: 175Nm
Price: From Dh98,800
Available: Now
Profile
Company: Justmop.com
Date started: December 2015
Founders: Kerem Kuyucu and Cagatay Ozcan
Sector: Technology and home services
Based: Jumeirah Lake Towers, Dubai
Size: 55 employees and 100,000 cleaning requests a month
Funding: The company’s investors include Collective Spark, Faith Capital Holding, Oak Capital, VentureFriends, and 500 Startups.
Specs
Engine: Duel electric motors
Power: 659hp
Torque: 1075Nm
On sale: Available for pre-order now
Price: On request
Essentials
The flights
Whether you trek after mountain gorillas in Rwanda, Uganda or the Congo, the most convenient international airport is in Rwanda’s capital city, Kigali. There are direct flights from Dubai a couple of days a week with RwandAir. Otherwise, an indirect route is available via Nairobi with Kenya Airways. Flydubai flies to Kinshasa in the Democratic Republic of Congo, via Entebbe in Uganda. Expect to pay from US$350 (Dh1,286) return, including taxes.
The tours
Superb ape-watching tours that take in all three gorilla countries mentioned above are run by Natural World Safaris. In September, the company will be operating a unique Ugandan ape safari guided by well-known primatologist Ben Garrod.
In the Democratic Republic of Congo, local operator Kivu Travel can organise pretty much any kind of safari throughout the Virunga National Park and elsewhere in eastern Congo.
A State of Passion
Directors: Carol Mansour and Muna Khalidi
Stars: Dr Ghassan Abu-Sittah
Rating: 4/5
Uefa Nations League: How it works
The Uefa Nations League, introduced last year, has reached its final stage, to be played over five days in northern Portugal. The format of its closing tournament is compact, spread over two semi-finals, with the first, Portugal versus Switzerland in Porto on Wednesday evening, and the second, England against the Netherlands, in Guimaraes, on Thursday.
The winners of each semi will then meet at Porto’s Dragao stadium on Sunday, with the losing semi-finalists contesting a third-place play-off in Guimaraes earlier that day.
Qualifying for the final stage was via League A of the inaugural Nations League, in which the top 12 European countries according to Uefa's co-efficient seeding system were divided into four groups, the teams playing each other twice between September and November. Portugal, who finished above Italy and Poland, successfully bid to host the finals.
MATCH INFO
Uefa Champions League semi-final, second leg result:
Ajax 2-3 Tottenham
Tottenham advance on away goals rule after tie ends 3-3 on aggregate
Final: June 1, Madrid
Singham Again
Director: Rohit Shetty
Stars: Ajay Devgn, Kareena Kapoor Khan, Ranveer Singh, Akshay Kumar, Tiger Shroff, Deepika Padukone
Rating: 3/5
Read more about the coronavirus
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F1 The Movie
Starring: Brad Pitt, Damson Idris, Kerry Condon, Javier Bardem
Director: Joseph Kosinski
Rating: 4/5
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Key facilities
- Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
- Premier League-standard football pitch
- 400m Olympic running track
- NBA-spec basketball court with auditorium
- 600-seat auditorium
- Spaces for historical and cultural exploration
- An elevated football field that doubles as a helipad
- Specialist robotics and science laboratories
- AR and VR-enabled learning centres
- Disruption Lab and Research Centre for developing entrepreneurial skills
The specs: 2018 Volkswagen Teramont
Price, base / as tested Dh137,000 / Dh189,950
Engine 3.6-litre V6
Gearbox Eight-speed automatic
Power 280hp @ 6,200rpm
Torque 360Nm @ 2,750rpm
Fuel economy, combined 11.7L / 100km
ALRAWABI%20SCHOOL%20FOR%20GIRLS
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UAE currency: the story behind the money in your pockets
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Know your Camel lingo
The bairaq is a competition for the best herd of 50 camels, named for the banner its winner takes home
Namoos - a word of congratulations reserved for falconry competitions, camel races and camel pageants. It best translates as 'the pride of victory' - and for competitors, it is priceless
Asayel camels - sleek, short-haired hound-like racers
Majahim - chocolate-brown camels that can grow to weigh two tonnes. They were only valued for milk until camel pageantry took off in the 1990s
Millions Street - the thoroughfare where camels are led and where white 4x4s throng throughout the festival
Zayed Sustainability Prize