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Sanctions and the Rule of Law

Sanctions and the Rule of Law President’s Message Once upon a time, there was a proud Imperial State. It was mostly known for tending to have Supreme Rulers who were at least 80 years old and ailing. It was also known for indiscriminately attacking foreign countries, like Desertmountainstan, occasionally putting down quarrelsome brethren states, and sending its mercenaries and agents all over the world on killing missions. It also traded goods, including liquid fuel and grainy food, with the Rest of the World (some of the states of which called themselves the Best of the World). And, if they had a dispute about trade, they resorted to Grand Old Men for wise solutions, and they all convened in the City of the High Rises to promise eternal adherence to the decisions of the Grand Old Men. No prizes for guessing that I just described arbitration during the Cold War. As a young lawyer and academic, I witnessed those times. Fast forward to today – comparing the Cold War with today’s world, one difference is striking: back then, nobody questioned that Soviet (state) companies would have access to arbitration, could sue a Western company and could be sued by a Western company. That was, after all, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png ASA Bulletin Kluwer Law International

Sanctions and the Rule of Law

ASA Bulletin , Volume 40 (3): 3 – Sep 1, 2022

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Publisher
Kluwer Law International
Copyright
Copyright © 2022 Kluwer Law International BV, The Netherlands
ISSN
1010-9153
Publisher site
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Abstract

President’s Message Once upon a time, there was a proud Imperial State. It was mostly known for tending to have Supreme Rulers who were at least 80 years old and ailing. It was also known for indiscriminately attacking foreign countries, like Desertmountainstan, occasionally putting down quarrelsome brethren states, and sending its mercenaries and agents all over the world on killing missions. It also traded goods, including liquid fuel and grainy food, with the Rest of the World (some of the states of which called themselves the Best of the World). And, if they had a dispute about trade, they resorted to Grand Old Men for wise solutions, and they all convened in the City of the High Rises to promise eternal adherence to the decisions of the Grand Old Men. No prizes for guessing that I just described arbitration during the Cold War. As a young lawyer and academic, I witnessed those times. Fast forward to today – comparing the Cold War with today’s world, one difference is striking: back then, nobody questioned that Soviet (state) companies would have access to arbitration, could sue a Western company and could be sued by a Western company. That was, after all,

Journal

ASA BulletinKluwer Law International

Published: Sep 1, 2022

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