Law students learn how sanctions impact national security, foreign policy, and global economy

With the rise of conflict across the world, governments are increasingly resorting to using legal tools, commonly known as sanctions, to punish, coerce, and deter organizations as well as individuals for threats to international peace and security including human rights violations. 

Sanctions Law an evolving area with international impact

Sanctions have been used extensively after international incidents, such as the Russian invasion of Ukraine, to put pressure on adversarial countries through imposing economic penalties. These penalties may prevent access to financial institutions or result in designated individuals having their assets frozen. Sanctions may also include travel bans, arms embargoes, financial prohibitions, technical assistance prohibitions, and other trade restrictions.

However, when sanctions are implemented by the government, numerous industries must comply with restrictions or face penalties themselves. This creates a need for lawyers that are able to advise on the evolving legal issues that arise from sanctions.

You don’t need to look beyond Canada: Simply have a look around next time you are at Toronto’s Pearson Airport. Since 2022, if you flew through this airport, you may have seen a large blue and white jumbo jet parked on the runway. This Russian-owned jet, called the Antonov 124, was seized shortly after invasion of Ukraine as its owner was one of many individuals sanctioned. It remains there to this day, stuck in an ongoing legal dispute. 

Law professor Michael Nesbitt, applying his expertise in national security law as well as his previous experience working in Department of Justice Canada as a lawyer and Global Affairs Canada as a diplomat, created a new course called the Law of Sanctions to prepare students to provide legal advice on Canada’s sanctions regime.

This course is one of a select few in the country that teaches how Canada’s sanctions regime operates through federal legislation, and provides students with an overview of the origins of sanctions including their use by the United Nations as well as autonomous sanctions which are used by individual countries to pursue foreign policy objectives.

Students also have the opportunity to learn about Canada’s approach to sanctions through legislation and how it has been shaped by case law over time. Interestingly though, very few legal cases exist in Canada to provide guidance on sanctions, making this a growing area that will continue to evolve for years to come. 

"Autonomous sanctions can be critically relevant to any individual or firm that imports, exports, conducts financial transactions with those beyond the Canadian border (or sometimes within it), has a supply chain that extends beyond the border, or even that occasionally transfers technical knowledge outside the country," says Nesbitt.

"Law students with a working knowledge of the field will have a competitive and first-mover’s advantage in the field, and a real leg up in creating value for their clients for years and years to come. Sanctions aren’t going anywhere; law students that know their sanctions law most definitely are."

In addition to learning about the law, students are also exposed to how these legal issues play out in practice. The course was developed through consultation with lawyers who regularly advise on sanctions law to determine how to prepare students for practice in this area. Guest speakers included lawyers from firms in Calgary and across the country, representatives from the federal public service whose work involves sanctions, and members of the University of Calgary’s Research Security Division. 

These guest speakers provided students with realistic scenarios based on their experience complying with sanctions laws, and demonstrations on open-source intelligence when determining if an organization is sanctioned or owned by a sanctioned individual. 

Overall, this course may be valuable for students who wish to practice across different areas of the law as sanctions impact both the public and private sector. 

Preparation for exciting legal careers

Jonah Secreti, JD’24, soon to be articling at the Calgary office of a global law firm, had the opportunity to take this class as a student as well as worked for Nesbitt as a research assistant focusing on sanctions law.

"Taking this course was an outstanding experience and I enjoyed how sanctions law aligned with my own interests in politics, international relations, and commercial law," says Secreti. “I look forward to exploring this area of the law when I am articling given the insight this course provided into sanctions law."

"Professor Nesbitt’s students get to engage with sanctions law on a practical level, having the opportunity to advise clients in a rapidly evolving and uncertain area of law," says Carter Czaikowski, JD’24. "In addition to bringing in esteemed guest speakers to the class, Professor Nesbitt does an excellent job of emphasizing the importance of keeping up to speed with geopolitical issues and their trickle-down effect on your clients’ matters."