IBA Annual Conference Paris 2023

29 Oct - 3 Nov 2023

SALLE MAILLOT, Level 2

Session information

Rule of Law Symposium: does the rule of law apply to sanctions
SALLE MAILLOT, Level 2

Committee(s)

Rule of Law Forum (Lead)
Forum for Government and Public Lawyers
Human Rights Law Committee
IBA's Human Rights Institute
Judges' Forum

Description

The session will take the form of a panel discussion in which it is expected the following topics will arise:


• The process of imposing targeted sanctions.  There is a perceived sense of unfairness amongst many of the individuals on whom sanctions have been imposed- governments have wide powers to do so, sometimes acting on the basis of contested information and with a low burden of proof for what can be serious allegations, and the consequences can be drastic- is this really what we mean by rule of law?
• Access to advice and representation - even where it is technically possible for persons affected by sanctions to get legal advice and representation in court and arbitration proceedings because of exceptions or licences (general or specific) many firms are reluctant to get involved - how does this sit with rule of law concepts?
• Impediments to conducting litigation, arbitrations and enforcing awards – are they compatible with the rule of law and is this is really the kind of rule of law that should apply?

Please note that even if you are unable to join the Annual Conference, you can still register for the Rule of Law Symposium for free. If you are NOT already registered for the Annual Conference and would like to attend the Rule of Law Symposium, you must pre-register by Wednesday 1 November by completing the Rule of Law Symposium registration form. There is no registration fee to attend the Symposium.

Session / Workshop Chair(s)

Steven Kay KC 9BR Chambers , London, England; Member, War Crimes Committee Advisory Board

Speakers

James E Castello King & Spalding , Paris, France
Alessandro Di Mario EU Financial Stability, Sanctions and Enforcement, Brussels, Belgium
Mohamed Mensli Libyan Asset Recovery and Management Office, Tripoli, Libya
David Neuberger One Essex Court, London, England
Clarisse Sand Sand Avocats , Paris, France