and further developed”. 9
The unique feature of the targetedsanctions, that the international listing decisions leave little discretion to the national government, renders the targetedsanctions as good material for the study of the interfaces. Namely, the feature creates a situation in which
Corruption and Targeted Sanctions, Anton Moiseienko analyses the blacklisting of foreigners suspected of corruption and the prohibition of their entry into the sanctioning state from an international law perspective. The implications of such actions have been on the international agenda for years and have gained particular prominence with the adoption by the US and Canada of the so-called Magnitsky legislation in 2016. Across the Atlantic, several European states followed suit. The proliferation of anti-corruption entry sanctions has prompted a reappraisal of applicable human rights safeguards, along with issues of respect for official immunities and state sovereignty. On the basis of a comprehensive review of relevant law and policy, Anton Moiseienko identifies how targeted sanctions can ensure accountability for corruption while respecting international law.
The proliferation of UN and EU targeted sanctions and their potential impact on individual rights and private interests require constantly monitoring how Member States implement such restrictive measures within their own domestic legal systems. This article focuses specifically on Italian practice in the implementation of UN and EU-mandated targeted sanctions. In so doing, it first dissects the relevant legal framework currently in place at the domestic level, taking into particular account the main novelties brought about by legislative decree (D. Lgs.) No. 90/2017. It then underscores some critical issues and shortcomings potentially stemming from its practical application. Finally, this article purports to examine the recent institution of a “domestic sanctions regime” and questions whether it might, in practice, end up rising additional grounds of concern, other then those already emerging from the implementation of UN and EU-mandated targeted sanctions, especially in terms of lack of adequate procedural guarantees for alleged human rights violations.
United Nations (UN) targetedsanctions have often been viewed as a paradox. While they are important tools for the protection of global peace and security, they have also been found to infringe certain human rights. The UN Security Council ( unsc ) enjoys powers under Chapter
Anna Ventouratou for invaluable research assistance. The usual disclaimer applies.
un targetedsanctions, especially those related to terrorism, have had their fair share of the limelight recently, particularly in view of important decisions by the European Court of Justice
Swedish State Practice 2004–5: United Nations TargetedSanctions FREDRIK STENHAMMAR* United Nations targetedsanctions are international coercive measures ordered by the UN Security Council under Chapter VII of the UN Charter for the main- tenance of international peace and security. They are
In the global fight against international terrorism, the Security Council of the United Nations uses targeted sanctions for the prevention of terrorist attacks and the protection of the population. Starting with Resolution 1267 in 1999, an encompassing listing system was established by the Security Council. The listing system bears various problems regarding the human rights of the listed persons, especially since there is no mechanism of judicial review attached to the listing system.
Following the implementation of these consolidated lists in the European Union, they were challenged before the European Courts. This article describes the development of targeted sanctions, focusing on the different sanctions regimes in the fight against international terrorism and their specific problems. It analyses the judicial review of the sanctions regimes by the European Courts, particularly the Kadi-Judgment of 2008. The article then describes the implications of this judgment not only for the relationship between the law of the un and the eu and for the sanctions regime on the international and European level, but also for the overarching question whether liberty and security can be brought into balance with regard to targeted sanctions.
European Judicial Responses to Security Council Resolutions: A Consequentialist Assessment, Kushtrim Istrefi examines the multiple effects of European courts decisions as regards Security Council targeted sanctions and security detentions interfering with fundamental rights. He elaborates what type of judicial responses ensured real and practical respect for human rights for the petitioners, encouraged Security Council due process reform, clarified Security Council authorisations on security detentions, and tested the primacy and universal character of the UN Charter.
Making use of legal and non-legal instruments, Istrefi sheds some light upon what happened to, among others, petitioners, the SC due process reform agenda, and the UN Charter after such cases as
This part of the book maps the areas where Security Council resolutions affect individual rights and explains the processes of how such interferences occur. In line with the focus of the book, it contains the analysis to resolutions regarding targetedsanctions and security detentions. The part