US President Joe Biden and the other leaders of the G7 are acting
like a bunch of New York Mobsters, as opposed to being leaders of democratic governments
and the upholding of international laws, in my opinion, and based on their combined
actions of illegalizing the frozen Russian Assets as collateral for very
questionable and substantial loans to Ukraine to further its war against Russia.
The G7 attempts to seize Russian assets as collateral for billions of dollars in loans for Ukraine pulled back the curtain to expose the most extraordinary attempt to seize power in modern history but with the pen rather than armies.
Declassified documents, from the Clinton
Administration, revealed a plot that has altered our thinking about the
relations between the United States and Russia. The thirst for power comes
seething through every line of these papers that alter our perception of
reality, change the course of history, and now threaten us with World War III.
International law on the arbitrary seizure and
liquidation of assets, particularly when one country seizes the assets of
another country without due process, is complex and involves several principles
and conventions.
Arbitrary asset seizure without due process or court
decisions violates international law and can lead to diplomatic
disputes, economic sanctions, and legal challenges in international courts or
arbitration tribunals.
The complexities and far-reaching consequences of asset
seizures in international relations shall involve prolonged legal battles,
international arbitration, and diplomatic negotiations, resulting in financial
compensation or the return of assets.
Further, using illegally seized assets as collateral
for a significant loan would be highly problematic and risky for several
reasons listed below.
In summary, using illegally seized assets as collateral
for a large loan is fraught with legal, reputational, financial, and ethical
risks. It is crucial for lenders to thoroughly vet and ensure the legitimacy
and legal status of any assets used in such transactions to avoid severe
consequences or possibly World War 3 atomic consequences.
Legal Challenges:
Ownership Disputes: If the assets are contested, the original owner can file legal claims to recover them. This could result in lengthy and costly legal battles, potentially voiding the collateral agreement.
Court Rulings: International courts or arbitration
bodies may rule in favour of the original owner, leading to the seizure or
return of the assets, making them unavailable as collateral.
Reputational Risk:
Credibility: Lenders or financial institutions accepting such collateral risk damaging their reputation and credibility. Engaging in transactions involving disputed assets can be seen as unethical or illegal.
Market Perception: Investors and stakeholders may view
the institution as unreliable or engaging in risky behaviour, potentially
leading to a loss of confidence and financial instability.
Sanctions and Penalties:
International Sanctions: Entities involved in the transaction could face sanctions from governments or international bodies, restricting their ability to operate globally.
Penalties: Financial institutions might face hefty
fines and penalties for dealing with assets considered illegally seized or
subject to international sanctions.
Financial Risk:
Asset Volatility: Disputed assets may be difficult to value accurately due to their contested status, leading to volatility and potential financial loss.
Liquidity Issues: If the collateral is seized or frozen
due to legal disputes, it becomes illiquid, leaving the lender without recourse
to recover the loan amount.
Ethical and Compliance Issues:
Due Diligence: Financial institutions must perform rigorous due diligence to ensure the legitimacy of the assets they accept as collateral. Failure to do so could result in compliance violations and regulatory scrutiny.
Ethical Standards: Using contested assets may violate
ethical standards and corporate governance principles, leading to internal and
external repercussions.
Here are a few significant examples:
Iran Hostage Crisis and U.S. Assets (1979-1981):
Background: In 1979, after the Iranian Revolution, Iranian militants seized the U.S. Embassy in Tehran, taking 52 American hostages. In response, the U.S. froze Iranian assets.
Legal Actions and Consequences: The Algiers Accords
were signed in 1981 to resolve the crisis, leading to the establishment of the
Iran-U.S. Claims Tribunal at The Hague to handle claims by U.S. nationals
against Iran. The Tribunal has since resolved thousands of claims, often
resulting in financial compensation.
Iraq and Kuwaiti Assets (1990-1991):
Background: During the Gulf War, Iraq invaded Kuwait and seized its assets, including gold reserves and other valuable properties.
Legal Actions and Consequences: Following Iraq's
defeat, the United Nations Compensation Commission (UNCC) was established to
process claims and compensate victims of Iraq's invasion of Kuwait. Iraq has
been required to pay billions of dollars in reparations to Kuwait and other
affected parties.
Libyan Assets (2011):
Background: During the Libyan Civil War, several countries froze the assets of the Libyan government and entities linked to Muammar Gaddafi.
Legal Actions and Consequences: The UN Security Council
passed resolutions authorizing the asset freezes. After Gaddafi's fall, the
assets were intended to be returned to support the rebuilding of Libya,
although the process has been complex and ongoing.
Russian Assets in Ukraine (2014-present):
Background: Following Russia's annexation of Crimea and its involvement in the conflict in Eastern Ukraine, many Western countries imposed sanctions and froze Russian assets.
Legal Actions and Consequences: Various legal cases
have been brought before international courts. For instance, Ukraine has
pursued claims against Russia at the Permanent Court of Arbitration and the
European Court of Human Rights (ECHR). These cases are still ongoing, with
significant political and economic implications.
Venezuela and U.S. Sanctions (2019-present):
Background: The U.S. imposed sanctions on Venezuela and froze the Venezuelan government's assets, including those of the state oil company PDVSA.
Legal Actions and Consequences: The Venezuelan
government has contested these actions in international courts, including the
International Court of Justice (ICJ). The ongoing legal battles have significant impacts on Venezuela's economy and international relations.
Articles:
https://nsarchive.gwu.edu/briefing-book/russia-programs/2020-11-02/putin-clinton-transitions
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Thanks for your thoughts, comments and opinions, will be in touch. Peter Clarke