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Legal questions surrounding EU sanctions of Russia and associated individuals and entities

Moran, Niall orcid logoORCID: 0000-0001-7564-9419 (2023) Legal questions surrounding EU sanctions of Russia and associated individuals and entities. Irish Jurist, 70 . pp. 194-210. ISSN 0021-1273

Abstract
Since 21 February 2022, the European Union and its Member States have adopted a mixture of sanctions against Russia, as well as providing military support to Ukraine. The European Union has adopted eleven wide ranging but targeted sanctions packages in response to the crisis caused by the Russian invasion, covering the banking system, commodities, high-profile individuals and entities, diplomats, and more. This article considers the role of: (1) European Union law; and (2) World Trade Organization (henceforth WTO) law insofar as they relate to the various sanctions and other measures imposed by the European Union to date in these areas. International trade law and European Union law provide broad exceptions to WTO and EU rules prohibiting restrictions on imports and exports for measures taken in times of war or emergencies in international relations. Thus this article examines the national security exceptions to the WTO’s General Agreement on Tariffs and Trade (GATT) as well as Article 36 TFEU, which provides that restrictions on imports even from other EU Member States are permitted on grounds of public security. Under the TFEU, such measures must be “justified” and must not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. Under European Union law, the criteria for designating individuals and entities to be sanctioned have been expanded under these current sanctions packages. The required connection to the government has been loosened and now, for example, encompasses those simply benefitting from a relationship with the Russian Government. These modifications to the EU sanctions regime are examined below as are their implications for individuals and entities associated with governments. At the WTO, the legality of ending Russia’s receipt of most favoured nation (MFN) treatment is analysed before turning to the defences of these measures that would likely be proffered under GATT Article XXI as well as under other WTO Agreements. Limitations to these defences are outlined both in terms of their substance and coverage.
Metadata
Item Type:Article (Published)
Refereed:Yes
Uncontrolled Keywords:enforcement; EU law; Russo; Ukrainian war; sanctions; WTO law
Subjects:Social Sciences > Law
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government
Publisher:Thomson Round Hall
Copyright Information:© 2023
ID Code:29419
Deposited On:10 Jan 2024 17:37 by Vidatum Academic . Last Modified 10 Jan 2024 17:37
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