Economic sanctions are instruments of foreign policy. However, they
can also affect legal relations between private parties -
principally in contract. In such cases, the court or arbitration
tribunal seized must decide whether to give effect to the economic
sanction in question. Private international law functions as a
'filter', transmitting economic sanctions that originate in public
law to the realm of private law. The aim of this book is to examine
how private international law rules can influence the enforcement
of economic sanctions and their related foreign policy objectives.
A coherent EU foreign policy position - in addition to promoting
legal certainty and predictability - would presuppose a uniform
approach not only concerning the economic sanctions of the EU, but
also with regard to the restrictive measures imposed by third
countries. However, if we examine in detail the application of
economic sanctions by Member States' courts and arbitral tribunals,
we find a somewhat different picture. This book argues that this
can be explained in part by the divergence of private international
law approaches in the Member States.
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