From Kadi to Nada: Judicial Techniques Favoring Human Rights Over United Nations Security Council Sanctions

Erika De Wet 

Institute for International and Comparative Law in Africa
October 31, 2013

(2013) 12 Chinese Journal of International Law (December Issue, Forthcoming) 
Abstract:      

The contribution analyzes the implications of the Kadi decision of the European Court of Justice of 18 July 2013, as well as that of the Nada decision of the European Court of Human Rights of September 2013. Both decisions have given preference to human rights standards over United Nations Security Council sanctions stemming from the Resolution 1267 (1999) sanctions regime. However, they used very different techniques in coming to similar results, with implications for the effective enforcement of UNSC binding decisions and the unity of international law.

Number of Pages in PDF File: 19

Keywords: UNSC, sanctions, Kadi, Nada, fair trial, article 103

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2348010