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.
The burning issue
The internal combustion engine is facing a watershed moment – major manufacturer Volvo is to stop producing petroleum-powered vehicles by 2021 and countries in Europe, including the UK, have vowed to ban their sale before 2040. The National takes a look at the story of one of the most successful technologies of the last 100 years and how it has impacted life in the UAE.
Read part four: an affection for classic cars lives on
Read part three: the age of the electric vehicle begins
Read part one: how cars came to the UAE
About Karol Nawrocki
• Supports military aid for Ukraine, unlike other eurosceptic leaders, but he will oppose its membership in western alliances.
• A nationalist, his campaign slogan was Poland First. "Let's help others, but let's take care of our own citizens first," he said on social media in April.
• Cultivates tough-guy image, posting videos of himself at shooting ranges and in boxing rings.
• Met Donald Trump at the White House and received his backing.
Killing of Qassem Suleimani
Most sought after workplace benefits in the UAE
- Flexible work arrangements
- Pension support
- Mental well-being assistance
- Insurance coverage for optical, dental, alternative medicine, cancer screening
- Financial well-being incentives
Analysis
Maros Sefcovic is juggling multiple international trade agreement files, but his message was clear when he spoke to The National on Wednesday.
The EU-UAE bilateral trade deal will be finalised soon, he said. It is in everyone’s interests to do so. Both sides want to move quickly and are in alignment. He said the UAE is a very important partner for the EU. It’s full speed ahead - and with some lofty ambitions - on the road to a free trade agreement.
We also talked about US-EU tariffs. He answered that both sides need to talk more and more often, but he is prepared to defend Europe's position and said diplomacy should be a guiding principle through the current moment.
Lexus LX700h specs
Engine: 3.4-litre twin-turbo V6 plus supplementary electric motor
Power: 464hp at 5,200rpm
Torque: 790Nm from 2,000-3,600rpm
Transmission: 10-speed auto
Fuel consumption: 11.7L/100km
On sale: Now
Price: From Dh590,000
Killing of Qassem Suleimani
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%3Cp%3E%3Cstrong%3EProcessor%3A%3C%2Fstrong%3E%20Apple%20M3%2C%208-core%20CPU%2C%20up%20to%2010-core%20CPU%2C%2016-core%20Neural%20Engine%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EDisplay%3A%3C%2Fstrong%3E%2013.6-inch%20Liquid%20Retina%2C%202560%20x%201664%2C%20224ppi%2C%20500%20nits%2C%20True%20Tone%2C%20wide%20colour%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EMemory%3A%3C%2Fstrong%3E%208%2F16%2F24GB%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EStorage%3A%3C%2Fstrong%3E%20256%2F512GB%20%2F%201%2F2TB%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EI%2FO%3A%3C%2Fstrong%3E%20Thunderbolt%203%2FUSB-4%20(2)%2C%203.5mm%20audio%2C%20Touch%20ID%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EConnectivity%3A%3C%2Fstrong%3E%20Wi-Fi%206E%2C%20Bluetooth%205.3%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EBattery%3A%3C%2Fstrong%3E%2052.6Wh%20lithium-polymer%2C%20up%20to%2018%20hours%2C%20MagSafe%20charging%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3ECamera%3A%3C%2Fstrong%3E%201080p%20FaceTime%20HD%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EVideo%3A%3C%2Fstrong%3E%20Support%20for%20Apple%20ProRes%2C%20HDR%20with%20Dolby%20Vision%2C%20HDR10%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EAudio%3A%3C%2Fstrong%3E%204-speaker%20system%2C%20wide%20stereo%2C%20support%20for%20Dolby%20Atmos%2C%20Spatial%20Audio%20and%20dynamic%20head%20tracking%20(with%20AirPods)%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EColours%3A%3C%2Fstrong%3E%20Midnight%2C%20silver%2C%20space%20grey%2C%20starlight%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EIn%20the%20box%3A%3C%2Fstrong%3E%20MacBook%20Air%2C%2030W%2F35W%20dual-port%2F70w%20power%20adapter%2C%20USB-C-to-MagSafe%20cable%2C%202%20Apple%20stickers%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EPrice%3A%3C%2Fstrong%3E%20From%20Dh4%2C599%3C%2Fp%3E%0A
COMPANY PROFILE
Name: Kumulus Water
Started: 2021
Founders: Iheb Triki and Mohamed Ali Abid
Based: Tunisia
Sector: Water technology
Number of staff: 22
Investment raised: $4 million
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Match info
What: Fifa Club World Cup play-off
Who: Al Ain v Team Wellington
Where: Hazza bin Zayed Stadium, Al Ain
When: Wednesday, kick off 7.30pm
Zayed Sustainability Prize
How to donate
Send “thenational” to the following numbers or call the hotline on: 0502955999
2289 – Dh10
2252 – Dh 50
6025 – Dh20
6027 – Dh 100
6026 – Dh 200
KILLING OF QASSEM SULEIMANI
Mohammed bin Zayed Majlis
KILLING OF QASSEM SULEIMANI
Asian Cup 2019
Quarter-final
UAE v Australia, Friday, 8pm, Hazza bin Zayed Stadium, Al Ain
Killing of Qassem Suleimani
Killing of Qassem Suleimani
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STAY%2C%20DAUGHTER
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The years Ramadan fell in May
The five pillars of Islam
1. Fasting
2. Prayer
3. Hajj
4. Shahada
5. Zakat
Killing of Qassem Suleimani
WHAT IS A BLACK HOLE?
1. Black holes are objects whose gravity is so strong not even light can escape their pull
2. They can be created when massive stars collapse under their own weight
3. Large black holes can also be formed when smaller ones collide and merge
4. The biggest black holes lurk at the centre of many galaxies, including our own
5. Astronomers believe that when the universe was very young, black holes affected how galaxies formed
The Bio
Favourite vegetable: “I really like the taste of the beetroot, the potatoes and the eggplant we are producing.”
Holiday destination: “I like Paris very much, it’s a city very close to my heart.”
Book: “Das Kapital, by Karl Marx. I am not a communist, but there are a lot of lessons for the capitalist system, if you let it get out of control, and humanity.”
Musician: “I like very much Fairuz, the Lebanese singer, and the other is Umm Kulthum. Fairuz is for listening to in the morning, Umm Kulthum for the night.”
UAE currency: the story behind the money in your pockets
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The Year Earth Changed
Directed by:Tom Beard
Narrated by: Sir David Attenborough
Stars: 4
Moon Music
Artist: Coldplay
Label: Parlophone/Atlantic
Number of tracks: 10
Rating: 3/5
The rules of the road keeping cyclists safe
Cyclists must wear a helmet, arm and knee pads
Have a white front-light and a back red-light on their bike
They must place a number plate with reflective light to the back of the bike to alert road-users
Avoid carrying weights that could cause the bike to lose balance
They must cycle on designated lanes and areas and ride safe on pavements to avoid bumping into pedestrians
MISSION: IMPOSSIBLE – FINAL RECKONING
Director: Christopher McQuarrie
Starring: Tom Cruise, Hayley Atwell, Simon Pegg
Rating: 4/5
MOUNTAINHEAD REVIEW
Starring: Ramy Youssef, Steve Carell, Jason Schwartzman
Director: Jesse Armstrong
Rating: 3.5/5
The five pillars of Islam
Mohammed bin Zayed Majlis
The specs
Engine: 3.0-litre six-cylinder turbo
Power: 398hp from 5,250rpm
Torque: 580Nm at 1,900-4,800rpm
Transmission: Eight-speed auto
Fuel economy, combined: 6.5L/100km
On sale: December
Price: From Dh330,000 (estimate)
The five pillars of Islam
The Settlers
Director: Louis Theroux
Starring: Daniella Weiss, Ari Abramowitz
Rating: 5/5
Zayed Sustainability Prize
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Directed: Smeep Kang
Produced: Soham Rockstar Entertainment; SKE Production
Cast: Rishi Kapoor, Jimmy Sheirgill, Sunny Singh, Omkar Kapoor, Rajesh Sharma
Rating: Two out of five stars
Mohammed bin Zayed Majlis
Three tips from La Perle's performers
1 The kind of water athletes drink is important. Gwilym Hooson, a 28-year-old British performer who is currently recovering from knee surgery, found that out when the company was still in Studio City, training for 12 hours a day. “The physio team was like: ‘Why is everyone getting cramps?’ And then they realised we had to add salt and sugar to the water,” he says.
2 A little chocolate is a good thing. “It’s emergency energy,” says Craig Paul Smith, La Perle’s head coach and former Cirque du Soleil performer, gesturing to an almost-empty open box of mini chocolate bars on his desk backstage.
3 Take chances, says Young, who has worked all over the world, including most recently at Dragone’s show in China. “Every time we go out of our comfort zone, we learn a lot about ourselves,” she says.
