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Remarks by the Chairman

Published online by Cambridge University Press:  28 March 2017

Abstract

The topic for this roundtable is broad enough, and perhaps disparate enough, to raise some procedural difficulties. Fortunately for the moderator, these are nonetheless easier to handle than the substantive issues.

The thread which connects a discussion of the recovery of confiscated goods with one of capturing sanctioned goods is, as the title of the round-table suggests, that of remedies, and, more specifically, remedies in rem. Under applicable law, international or national, what action may be taken against property which is asserted either to have been unlawfully taken or to be unlawfully in commerce? To what extent may, or should, national courts pass upon the difficult substantive issues involved in the assertion of illegality in either situation?

Type
Recovering Confiscated Assets and Capturing Sanctioned Goods: Extant and Prospective Remedies
Copyright
Copyright © American Society of International Law 1973

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References

* Washington College of Law, The American University.