This article analyses those hurdles, which are different for privately owned property such as oligarch yachts and state property such as bank deposits belonging to Russia’s Central Bank. It focuses on US and international law, on the assumption that the countries in the West that have sanctioned Russia for its invasion of Ukraine face similar constraints and would follow the US lead on seizing frozen assets. Current US law permits the civil forfeiture of private property traceable to criminal activity such as money laundering and fraud, but not the seizure of state property except during an armed conflict with that state. Under international law, new legislation permitting the seizure of Russian state assets probably would incur an obligation to pay compensation when the dispute ultimately settles, but an exception may exist for property used to satisfy awards made by international tribunals based on Russia’s treaty commitments.
En række amerikanske præsidentkandidater og kongresmedlemmer er i de sidste år begyndt at argumentere for, at USA burde lancere militære angreb mod...
There is concern that present-biased agents incur too much debt because of its deferred costs – concern that has influenced regulation of consumer...
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There is a live debate going on over whether antitrust should take a broader view of the economics of market concentration. When antitrust reformers...
We examine the legal terms in the market for green bonds, debt instruments in which proceeds are earmarked, directly or indirectly, for projects with...
The SEC mandates that public companies assess new information that changes the risks that they face and disclose these if there has been a “material”...
Countries hit by unexpected crises often look to their overseas diasporas for assistance. Some countries have tapped into this generosity of their...
The conventional view is that standardized boilerplate terms represent an optimal contractual solution to the contracting problems facing parties in...
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Consequential damages have been a cornerstone of contract doctrine since the broken crankshaft in Hadley v. Baxendale. And the Hadley rule is one of...
In this article, we examine the relations between risk, the choice of foreign or local contract terms (parameters), and maturity in the sovereign debt...
In this article, we examine the relations between risk, the choice of foreign or local contract terms (parameters), and maturity in the sovereign debt...