نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه حقوق ، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، ایران، تهران
2 هیئت علمی دانشکده روابط بین الملل وزارت امورخارجه
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The increase in sanctions over the last two decades (especially unilateral sanctions) has created a number of legal issues, especially in national courts in contractual disputes. This raises the legal question of what effect do sanctions on third countries and institutions have on applicable law and contractual obligations in dealing with contractual disputes in another country's courts? It is clear that the courts of the sanctioning country pay attention to the national sanction laws and, in case of conflict with the rights and obligations of the litigants, determine the verdict in accordance with their sanction laws. However, the question arises as to whether a court can also consider the sanctioning laws of third countries and institutions in the process of describing, interpreting and enforcing the legal and contractual obligations. This article attempts to address this legal question by emphasizing the approach and practice of German courts in dealing with sanctions of foreign origin. According to findings in German jurisprudence, courts use substantive law to consider foreign economic sanctions without reference to analyzes of conflict-of-law rules. German courts usually do not look at cases from the perspective of private international law, but directly assess the case on the basis of substantive law. Both the acceptance and rejection of foreign economic sanctions by German courts can be supported by German foreign policy considerations. German courts rulings also take into account the objectives and interests of the European Union's foreign policy, as well as European values, when deciding how to impose foreign sanctions.
کلیدواژهها [English]