This paper attempts to trace, analyze, and justify, the reactions of domestic courts when these are faced with a challenge to domestic measures implementing Security Council sanctions regimes, in particular the regime under SCRs 1267 (1999) seq. It discusses the method in which domestic courts engage with the measures before them, as well as the standard of review they apply, and the usual outcomes of the challenge, ie abstention, low-intensity review, interpretation or annulment of the domestic measure. Interpretation and annulment of the domestic measure in particular may force the State in breach of its international obligations under the relevant SCRs and Article 25 of the UN Charter. The final section attempts to legal qualify and justify this potential breach.
Friday, May 21, 2010
Tzanakopoulos: Domestic Court Reactions to UN Security Council Sanctions
Antonios Tzanakopoulos (Univ. of Glasgow - Law) has posted Domestic Court Reactions to UN Security Council Sanctions (in Challenging Acts of International Organizations Before National Courts, August Reinisch ed., forthcoming). Here's the abstract: