Publication alert… Sanctions and Trading With the Enemy; Money Laundering and Customary International Law

In the world of academia, if it was not published in a peer-reviewed journal, it does not exist! I hope you will forgive me for using this post to share two of my latest attempts at playing the publications game.

The first of these, ‘Trading with a Friend’s Enemy‘, is now out in the American Journal of International Law. This is an essay that forms part of a symposium on long-term ramifications of the war in Ukraine, and it traces the similarities and differences between Russia-related sanctions of today and trading with the enemy laws of yore. In essence, what it asks is this: If states could confiscate their enemies’ property with few restraints under international law in times of war, can they do the same in response to aggression against a third state?

The second article, currently available in pre-publication version, is entitled ‘Does International Law Prohibit the Facilitation of Money Laundering?‘ and is due to appear in the Leiden Journal of International Law. The question is admittedly provocative, but the point is not to be contrarian and deny that international law frowns upon money laundering. It is, rather, to trace the extent to which, based on a plethora of rules ranging from the UN Convention against Transnational Organized Crime to the FATF Recommendations as well as relevant state practice, one can argue that a self-standing rule against money laundering has emerged in customary international law. The article also explores the possible content of that rule, and asks whether it can serve to fill the gap left by the process-driven, non-outcome-oriented FATF Recommendations.

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