Sanctions – Legal Bases in International Law and Implications on Insurance

12:00-13:15 BST (London Time)

Virtual

Chair : Prof. Birgit Kuschke

Speakers : Prof. Erika De Wet ; Prof. Özlem Gürses

Chairing the Sessions will be Prof Birgit Kuschke

BLC (cum laude)(UP); LLB (cum laude)(UP); LLD (UNISA). Rating: C2 NRF-rated researcher. Practising attorney, notary and conveyancer of the High Court of South Africa and director of Kuschke Prozesky Attorneys Inc and accredited Poslec SETA Education, Training and Development Practitioner.

Lecturer in Law at Akademia and part-time postgraduate lecturer at University of Pretoria and practising as an attorney notary and conveyancer under the firm name: Kuschke Prozesky Attorneys Inc. Previously Deputy Dean: Teaching and Learning of the Faculty of Law, University of the Pretoria; and Associate Professor in both Mercantile Law and Private Law.

Vice-President: Academic of the International Insurance Law Association and a member of the Working Party on Pollution, Products and New Technologies, and the Consumer Protection and Dispute Resolution Working Group. Principal drafting member on the UNIDROIT ‘PRICL’ Project on drafting reinsurance law principles.

 

First speaker : Prof. Erika de Wet

 
V: Prof. (Harvard) Head of the Institute of International Law and International Relations in the University of Graz, Austria; Honorary Professor at the Faculty of Law of the University of Bonn; Member of the ILA Committee on the use of force: military assistance on request (the Netherlands branch) and Co-Editor of the Max Planck Yearbook of United Nations Law.
 
Main Publications : Military Assistance on Request and the Use of Force (Oxford University Press, Oxford,2020) 258 pp (nominated for the European Society of International Law Book Prize 2021); The Chapter VII Powers of the United Nations Security Council( Hart Publishing, Oxford, 2004) 413 pp.;3. The Constitutional Enforceability of Economic and Social Rights: The Meaning of the German Constitutional Model for South Africa
(Butterworths, Cape Town, 1996) 159 pp.
 
Overview
 
Prof. De Wet lecture will be : 'Economic sanctions in response to Russian aggression: legal bases in international law' and will focus on  the extent that the right to self-defence in Art. 51 UN Charter and the EU-Russia-Partnership Agreement of 1994 can  form a legal basis for the economic sanctions (notably those driven by the EU). In addition,  a few comments on whether these sanctions may collide with the WTO-regime

 

Second Speaker : Prof. Ozlem Gurses

Do we keep forgetting the past: are war related risks sui generis or have they established the fundamentals of today's insurance/reinsurance law principles? 

The impact of a war is unknown at almost every stage of it and its draconian effects on peoples' lives and the World's economies make the word 'war' sound even more scary. The common nature of the words 'insurance' and 'war' is that both lie on 'uncertainties'. How can these two 'uncertain' concepts operate together when an insurance claim is made for a loss occurred during the war? At first sight, the questions seem to be novel and the answers to them may not appear to be obvious. However, most of us keep forgetting the past, a closer look at the court cases discussed the war related insurance claims reveals that such cases played fundamental roles in establishing the insurance law principles apply today. 

Professor Özlem Gürses
Özlem Gürses is Professor of Commercial Law at King’s College London. She specialises in insurance and reinsurance law. Özlem is the author of Reinsuring Clauses (Informa), Marine Insurance Law (Routledge), Insurance of Commercial Risks (Sweet and Maxwell), and The Compulsory Motor Vehicle Insurance (Informa) as well as numerous articles published on insurance and reinsurance related topics. Özlem sits in the British Insurance Law Association Committee and the Presidential Council of the International Insurance Law Association (AIDA). She is Vice-Chair of the Reinsurance Working Party of AIDA.