Monday, April 19, 2010

Tzanakopoulos: From Interpretation to Defiance

Antonios Tzanakopoulos (Univ. of Glasgow - Law) has posted From Interpretation to Defiance (Journal of International Criminal Justice, Vol. 8, pp. 249-267, 2010). Here's the abstract:
Domestic courts are increasingly being seized by persons subjected to or affected by sanctions imposed by the UN Security Council, particularly under the regime established under resolution 1267. In Abdelrazik v Canada, the Canadian Federal Court ‘interprets away’ the obligations of Canada under the 1267 regime, potentially forcing upon the state a breach of its international obligations under the resolution and the UN Charter. But at the same time it offers an important - if implicit - justification for that breach under international law.