Resisting (US) Sanctions: A Comparison of Special Purpose Vehicles, Blocking Statutes and Countermeasures

Trade-restricting unilateral sanctions could face resistance from the targeted states and other states and regional organizations whose trade or nontrade interests are affected by the sanctions. This is particularly true in response to sanctions by the United States, which imposes secondary sanctions affecting actors from a broad range of third states. States resist such sanctions through judicial and non-judicial methods. This article looks at three non-judicial methods states increasingly take in response to sanctions – special purpose vehicles, blocking statutes, and countermeasures – and provides an analysis of the international law issues pertaining to each method. Based on this analysis, the article offers a comparative assessment of the potential usefulness and legal limitations of these methods in resisting undesirable foreign sanctions.