Master 2023/2024

Law of Economic Sanctions

Category 'Best Course for Career Development'

Category 'Best Course for Broadening Horizons and Diversity of Knowledge and Skills'

Category 'Best Course for New Knowledge and Skills'

Type: Elective course (Law of International Trade and Dispute Resolution)

Area of studies: Law

Delivered by: School of International Law

Where: Faculty of Law

When: 1 year, 3 module

Mode of studies: offline

Open to: students of all HSE University campuses

Instructors: Yana Bagrova, Vladislav Starzhenetsky

Master’s programme: Law of International Trade and Dispute Resolution

Language: English

ECTS credits: 3

Contact hours: 36

Course Syllabus

Abstract

Currently, economic sanctions are one of the most popular mechanisms of coercion and pressure on states. This phenomenon is increasingly used in international practice giving rise to many legal problems, from the legal qualification, conditions and limits of their application, to issues of challenge, impact on business contracts and the resolution of disputes. Within the framework of this course we will study the emerging legal approaches to economic sanctions, specific legal features of sanction regimes, delisting and challenging sanctions on international and national levels, countering sanctions by affected states and legal consequences of sanction son international business. Pre-requisites The course requires the students to have basic knowledge of international law, sufficient level of English (to read legal sources, write essays and participate in class discussions), as well as other skills acquired during their studies at the university. Additional background in private international law is welcome, although not mandatory for the course.

Learning Objectives

• The course develops the skills of students to interpret and apply provisions of different sanctions regimes, as well anti-sanctions regulations. It fosters knowledge and skills necessary for practice in international business and domestic litigation on the matters related to sanctions, skills useful for drafting international business transactions and resolution of disputes thereof. Following the completion of the course, students shall obtain the following skills and knowledge: understanding of different prohibitions related to sanctions, understanding of the scope of their legal effect, including extraterritorial application; ability to provide reasoned and concise legal advice on different matters related to sanctions, develop solutions, draft anti-sanctions clauses.

Expected Learning Outcomes

• • ability to carry out professional activities in the international environment
• • ability to search, analyse, and work with legally relevant information by using the juridical, comparative and other specific methods.
• • ability to work with information (search, evaluate, use information, necessary for fulfilment of academic and professional tasks, from various sources, including application of the systematic approach)
• • practical abilities of research, analysis of economic sanctions’ legal documentation and academic papers
• • skills to analyse and solve cases and controversies, preparing legal argumentation and procedural and analytical documents in the sphere of economic sanctions.
• • to use specific terms and sources of the law of sanctions • ability to interpret and apply provisions of national and international law related to economic sanctions

Course Contents

• Subject 1. Economic sanctions and their political context. Types of sanctions
• Subject 2. Sanctions regimes in international and national laws. How they work.
• Subject 3. Legality of unilateral sanctions in international law. Limits of economic sanctions. Sanctions and human rights. Extraterritoriality.
• Subject 4. Challenging sanctions in national and international courts. Delisting.
• Subject 5. Countersanctions and anti-sanction protective mechanisms. Blocking sanctions’ legal effect.
• Subject 6. Sanctions and business relations. Sanctions and contracts. Sanctions clauses. Private sector implementation of sanctions. Sanctions and dispute resolution.

Assessment Elements

• Attendance, active participation and in-class discussion
  Each student is expected to attend all the sessions read the assigned material, including the questions and any problems in the text/ judgment assigned, and actively participate in class discussions, ask questions and make analytical comments about the assignments. Sessions will be structured as a mix of lectures, seminars, and participative workshops in order to stimulate class discussion: the participants are expected to cover the assigned materials in advance for each class and prepare position papers and presentations on identified matters.
• Oral exam
  Each students will receive two different topics from the list of exam topics and will be allocated 40 minutes for preparation of his/her oral presentation. During presentation each student is expected to demonstrate theoretical and practical understanding of the topics of the course, answer questions of the course instructor.
• Memorandum

Interim Assessment

• 2023/2024 3rd module
  0.2 * Attendance, active participation and in-class discussion + 0.4 * Memorandum + 0.4 * Oral exam

Bibliography

Recommended Core Bibliography

• Herik, L. J. van den. (2017). Research Handbook on UN Sanctions and International Law. Edward Elgar Publishing.
• Richard Gordon, Michael Smyth, & Tom Cornell. (2019). Sanctions Law. Hart Publishing.

Recommended Additional Bibliography

• Marossi, A. Z., & Bassett, M. R. (2015). Economic Sanctions Under International Law : Unilateralism, Multilateralism, Legitimacy, and Consequences. The Hague, The Netherlands: T.M.C. Asser Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=961168
• Ronzitti, N. (2016). Coercive Diplomacy, Sanctions and International Law. Brill | Nijhoff.