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“État de droit et confiscation internationale” (2010, Edis) co-edited by Sandrine Giroud from LALIVE and Alvaro Borghi published in September 2010

5 October 2010

A major publication on international confiscation, état de droit et confiscation internationale (2010, Edis), co-edited by Sandrine Giroud, a Swiss private international law and asset recovery specialist from LALIVE, and Alvaro Borghi, has just been published. Sandrine Giroud also wrote the chapter on the specific implications in this area for Switzerland and Marc Henzelin, a LALIVE litigation partner, the chapter on compensation for victims in the context of Swiss criminal mutual legal assistance proceedings and international asset recovery.

In this publication, prominent Swiss legal scholars and practitioners examine the interaction between the Rule of Law and international confiscation against the background of the Swiss government’s decisions to confiscate assets of potentates such as Mobutu and Duvalier, and international sanctions imposed by the UN. The book also contains the first critical commentary of the ground-breaking Act on the Restitution of Assets of Illicit Origin adopted by the Swiss Parliament on 13 September 2010.

As Switzerland begins reinforcing its legal arsenal in this area, this publication fills a void in the legal doctrine – which until now has devoted little attention to this specific topic – and seeks to offer some guidance for navigating in these uncharted waters. Whilst not always concurring, the different views expressed in this volume seek to spark a debate as to the limits of the Rule of law in its wielding of the international confiscation power.

The other contributors to the book are Bernard Bertossa, Marnie Dannacher, étienne Grisel, Yves Klein, Alain Macaluso, Miriam Mazou, Enrico Monfrini, Laurent Moreillon, Mark Pieth and Robert Zimmermann.

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