Moran, Niall ORCID: 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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