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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Ghobadi,M. and Ghanbari,H. (2024). Financial Messaging and International Law
SWIFT, Sanctions, and Alternative Networks. International Law Review, 41(74), 35-64. doi: 10.22066/cilamag.2024.2015816.2476
MLA
Ghobadi,M. , and Ghanbari,H. . "Financial Messaging and International Law
SWIFT, Sanctions, and Alternative Networks", International Law Review, 41, 74, 2024, 35-64. doi: 10.22066/cilamag.2024.2015816.2476
HARVARD
Ghobadi M., Ghanbari H. (2024). 'Financial Messaging and International Law
SWIFT, Sanctions, and Alternative Networks', International Law Review, 41(74), pp. 35-64. doi: 10.22066/cilamag.2024.2015816.2476
CHICAGO
M. Ghobadi and H. Ghanbari, "Financial Messaging and International Law
SWIFT, Sanctions, and Alternative Networks," International Law Review, 41 74 (2024): 35-64, doi: 10.22066/cilamag.2024.2015816.2476
VANCOUVER
Ghobadi M., Ghanbari H. Financial Messaging and International Law
SWIFT, Sanctions, and Alternative Networks. International Law Review, 2024; 41(74): 35-64. doi: 10.22066/cilamag.2024.2015816.2476