Ekonomiska sanktioner i svensk internationell privat- och processrätt

Abstract

This thesis deals with private international law issues related to the treatment of economic sanctions in international commercial contract disputes in Swedish courts. The dissertation consists of 10 chapters. The first chapter is an introduction. Chapter 10 contains a summary.

In Chapter 2, the author examines what economic sanctions are, and in chapter 3, economic sanctions are classified as belonging to public law. This gives rise to specific problems in the field of private international law, especially when the sanctions belong to foreign law and not to the lex fori. As far as Swedish private international law is concerned, attitudes towards foreign public law have been expressed in the principle of isolation (isolationsprincipen).

In chapters 4–6, the author primarily considers whether commercial disputes involving economic sanctions fall within the framework of the Brussels I Regulation and the Lugano Convention. The author examines the extensive case law of the CJEU on the interpretation of civil and commercial matters, which determines the material scope of the instruments. Disputes between commercial parties involving economic sanctions should, in general, be classified as civil and commercial matters. When the same disputes fall outside of the Brussels/Lugano-instruments Swedish courts determine their jurisdiction according to Swedish private international law.

In chapters 7–9, the author explores two different methods for dealing with sanctions when determining their effects on the contractual relationship. A first option is to classify the economic
sanctions as internationally mandatory rules under Article 9 of the Rome I Regulation. The second option is to take the sanctions into account as facts when applying the lex contractus, e.g. as force majeure. The approach chosen depends on the origin of the economic sanctions and their connection to the dispute.

Abstract (Swedish)

This thesis deals with private international law issues related to the treatment of economic sanctions in international commercial contract disputes in Swedish courts. The dissertation consists of 10 chapters. The first chapter is an introduction. Chapter 10 contains a summary.

In Chapter 2, the author examines what economic sanctions are, and in chapter 3, economic sanctions are classified as belonging to public law. This gives rise to specific problems in the field of private international law, especially when the sanctions belong to foreign law and not to the lex fori. As far as Swedish private international law is concerned, attitudes towards foreign public law have been expressed in the principle of isolation (isolationsprincipen).

In chapters 4–6, the author primarily considers whether commercial disputes involving economic sanctions fall within the framework of the Brussels I Regulation and the Lugano Convention. The author examines the extensive case law of the CJEU on the interpretation of civil and commercial matters, which determines the material scope of the instruments. Disputes between commercial parties involving economic sanctions should, in general, be classified as civil and commercial matters. When the same disputes fall outside of the Brussels/Lugano-instruments Swedish courts determine their jurisdiction according to Swedish private international law.

In chapters 7–9, the author explores two different methods for dealing with sanctions when determining their effects on the contractual relationship. A first option is to classify the economic
sanctions as internationally mandatory rules under Article 9 of the Rome I Regulation. The second option is to take the sanctions into account as facts when applying the lex contractus, e.g. as force majeure. The approach chosen depends on the origin of the economic sanctions and their connection to the dispute.

• author: Bramstång, Gunnar
• supervisor: Ulf Maunsbach; Henrik Wenander
• opponent: Docent Sinander, Erik, Stockholms universitet
• organization: Department of Law
• publishing date: 2024-09-19
• type: Thesis
• publication status: published
• subject: Law
• keywords: International private law, Internationell privaträtt
• pages: 464 pages
• defense location: Pufendorfsalen, Lilla Gråbrödersgatan 3 C
• defense date: 2024-11-08 10:00:00
• ISBN: 978-91-8104-191-0
• project: Jurisdiction And Enforcement on the Borderline between Private and Public Law
• language: Swedish
• LU publication?: yes
• id: bf3e2d59-ee16-43a9-928e-7a35323beea2
• date added to LUP: 2024-10-01 12:10:27
• date last changed: 2024-10-04 14:24:40