Chapter

Human Rights Considerations and the Enforcement of Targeted Sanctions in Europe: The Emergence of Core Standards of Judicial Protection

Erika de Wet

in Securing Human Rights?

Published in print October 2011 | ISBN: 9780199641499
Published online January 2012 | e-ISBN: 9780191732218 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199641499.003.0006

Series: Collected Courses of the Academy of European Law

Human Rights Considerations and the Enforcement of Targeted Sanctions in Europe: The Emergence of Core Standards of Judicial Protection

Show Summary Details

Preview

This chapter analyses decisions of European courts pertaining to the targeted sanctions provided for in Security Council Resolutions 1267 (1999) and 1373 (2001). The focuses of attention are the Kadi and the OMPI cases decided by the courts of the European Union. In addition, the chapter takes into account decisions rendered by courts of the United Kingdom and views of the Human Rights Committee. The analysis focuses on the right to a fair hearing and the right to judicial review of the individuals and entities who were made the addressees of sanctions by their being placed on the respective lists. The chapter seeks to identify the legal standards for listing and de-listing that would satisfy the requirements of effective judicial protection before courts in the European Union. Many open questions remain, not least with respect to the effectiveness of the judicial decisions and the interplay of domestic courts, EU courts and international institutions.

Keywords: Security Council; human rights; targeted sanctions; Al-Qaida; Taliban; European Court of Justice; Kadi case; OMPI case; Human Rights Committee; fair hearing

Chapter.  17446 words. 

Subjects: Public International Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.