Abstract

http://ssrn.com/abstract=1268163
 
 

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Due Process and Sanctions Targeted Against Individuals Pursuant to Resolution 1267 (1999)


Johannes Reich


University of Zurich Faculty of Law

September 7, 2008

Yale Journal of International Law, Vol. 33, No. 2, p. 505, 2008

Abstract:     
This paper assesses the legal consequences of the framework established pursuant to Resolution 1267 (1999) and subsequent decisions by the United Nations Security Council imposing sanctions on individuals not necessarily associated with states or state actors. This shift in focus piercing the veil of statehood raises pressing issues of both international and domestic constitutional law, human rights law, and administrative law (including the emerging field of international administrative law) as the current system lacks basic guarantees of fair trial and effective remedy. After analyzing the current framework, this paper critically reviews two decisions evaluating this new generation of "targeted" sanctions imposed by the United Nations, namely the case regarding Youssef Mustapha Nada v. State Secretariat for Economic Affairs of the Swiss Confederation (SECO) ["Nada-case"] by the Swiss Federal Supreme Court and - in an added note - the case regarding Yassin Abdullah Kadi et al. v. Council and Commission ["Kadi-decision"] by the European Court of Justice. Based on this analysis, this paper argues for installing an independent administrative mechanism to review both the listing and de-listing decisions made by the Security Council as only a mechanism at the level of the United Nations can, at the same time, preserve the crucial framework of international implementation of collective measures and also validate the core principles of the rule of law.

Number of Pages in PDF File: 16

Keywords: sanctions, targeted sanctions, economic sanctions, United Nations, Switzerland, Swiss Federal Supreme Court, Nada, European Union, European Court of Justice, Kadi, international law, global constitutionalism, rule of law, constitutional law, international administrative law, human rights law

JEL Classification: K19, K23, K33, K40, F02, H56

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Date posted: October 8, 2008 ; Last revised: October 10, 2009

Suggested Citation

Reich, Johannes, Due Process and Sanctions Targeted Against Individuals Pursuant to Resolution 1267 (1999) (September 7, 2008). Yale Journal of International Law, Vol. 33, No. 2, p. 505, 2008. Available at SSRN: http://ssrn.com/abstract=1268163

Contact Information

Johannes Reich (Contact Author)
University of Zurich Faculty of Law ( email )
Raemistrasse 74/8
Zurich, 8001
Switzerland
HOME PAGE: http://www.rwi.uzh.ch/jreich
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