International Law Review

International Law Review

Financial Messaging and International Law SWIFT, Sanctions, and Alternative Networks

Document Type : academic

Authors
1 Assistant Professor, Department of Law, Islamic Azad University, Shahrood Branch, Semnan, Iran
2 International Law Researcher, Central Bank of Islamic Republic of Iran, Tehran, Iran
Abstract
The imposition of financial messaging sanctions against select states in recent years has proven to be a markedly effective measure within the realm of international affairs. In this context, the Society for Worldwide Interbank Financial Telecommunication (SWIFT) has been particularly targeted by sanctioning entities- such as political blocs and sovereign governments- as a potent instrument to exert coercive pressure on recalcitrant states. This development has, in turn, prompted certain affected states to seek out alternative financial networks and technological solutions to circumvent the SWIFT system. Concurrently, the advent of recent advancements in financial and blockchain-based technologies has given rise to the notion of establishing faster, more cost-effective, and more transparent monetary transaction mechanisms as potential replacements for the existing SWIFT infrastructure. This confluence of developments has raised a series of issues in public international law that warrant rigorous examination. Employing a descriptive-analytical method, this article seeks to elucidate the multifaceted legal challenges surrounding the sanctioning of the SWIFT system in the realm of international law. While introducing the significance of SWIFT and exploring the relevant domestic laws in Iran, it critically examines the legitimacy, or lack thereof, of the international sanctions imposed on the SWIFT network. Furthermore, it evaluates the responses of various states to the SWIFT-related sanctions and some of the alternative solutions proposed by governments. Findings suggest that the imposition of sanctions on the SWIFT network has had profound implications on the global financial landscape. One key consequence has been the acceleration of efforts by sanctioned states to develop and implement alternative financial messaging systems, such as Russia's SPFS (System for Transfer of Financial Messages) and China's CIPS (Cross-Border Interbank Payment System).
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  1. - Books

    1. Bamford, Colin.Principles of international financial law. Oxford University Press, USA, 2011.
    2. Lowenfeld, Andreas F. International Economic Law. 2nd Oxford University Press, 2008.

     

    - Articles

    1. Cipriani, Marco, Linda S. Goldberg, and Gabriele La Spada. "Financial sanctions, SWIFT, and the architecture of the international payment system."Journal of Economic Perspectives 37, no. 1 (2023): 31-52.
    2. Oliveira Dias, Murillo, Leonardo Jose Dias Pereira, and Patricia Dos Santos Viera. "Are the Russian Banks Threatened with Removal from SWIFT? A Multiple Case Study on Interbank Financial Messaging Systems." International Journal of Scientific Research and Management, 10, no. 3 (2022), 3137-44.
    3. Scott, Susan V., and Markos Zachariadis. "Origins and development of SWIFT, 1973–2009."Business History 54, no. 3 (2012): 462-482.
    4. Scott, Susan V., and Markos Zachariadis.The Society for Worldwide Interbank Financial Telecommunication (SWIFT): Cooperative governance for network innovation, standards, and community. Taylor & Francis, 2014.
    5. Wong, Liana.International financial messaging systems. Congressional Research Service, 2021.

  • Receive Date 15 November 2023
  • Revise Date 01 July 2024
  • Accept Date 02 July 2024