Confiscation

Cedric Ryngaert

Chapter 49 in Elgar Encyclopedia of International Sanctions, 2025, pp 168-169 from Edward Elgar Publishing

Abstract: Confiscation or seizure is a judicial or administrative measure that results in the loss of property for the benefit of the state. A key question is whether assets that have been frozen or blocked pursuant to sanctions could also be confiscated. It remains unclear whether states can unilaterally confiscate a foreign state's assets by way of sanction: such assets are, in principle, protected by sovereign immunity. Additionally, confiscation may not satisfy the requirements for countermeasures, given its permanent character. Asset confiscation is legally less problematic if it is not done by states on a unilateral basis, but pursuant to a mandate given by the UN.

Keywords: Confiscation; Financial sanctions; Legality; Right to property; State immunity; Unilateral measures (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035339525
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