Franchini, D. orcid.org/0000-0003-4948-9444 (2024) When finance becomes a weapon: the challenge of central bank sanctions under International Law. Journal of International Trade Law and Policy. ISSN 1477-0024
Abstract
Central bank sanctions have become a significant foreign policy tool, with states increasingly targeting these institutions to pressure other states to change their conduct. However, this practice raises significant legal challenges under international law. This article offers a comprehensive analysis of central bank sanctions and their compatibility with key international legal principles, such as proportionality and state immunity. Upon offering an overview of state practice and the applicable legal framework, it argues that due to their inherent characteristics, central bank sanctions can only be justified in exceptional circumstances and must adhere to strict conditions to be considered lawful. The article concludes by highlighting the need for responsible use of central bank sanctions and exploring avenues to minimise legal challenges associated with their use.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2024 The Authors. Except as otherwise noted, this author-accepted version of a journal article published in Journal of International Trade Law and Policy is made available via the University of Sheffield Research Publications and Copyright Policy under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0), which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/ |
Keywords: | Sanctions; Human rights; Countermeasures; International law; Central banks; State immunity |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Arts and Humanities (Sheffield) > School of Law |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 11 Dec 2024 14:51 |
Last Modified: | 13 Jan 2025 09:47 |
Status: | Published online |
Publisher: | Emerald |
Refereed: | Yes |
Identification Number: | 10.1108/JITLP-07-2024-0041 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:220385 |
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Filename: Franchini - Central Bank Sanctions - AAM.pdf
Licence: CC-BY 4.0