Domestic Court Reactions to UN Security Council Sanctions
CHALLENGING ACTS OF INTERNATIONAL ORGANIZATIONS BEFORE NATIONAL COURTS, pp. 54-76, August Reinisch, ed., Oxford University Press, 2010
25 Pages Posted: 20 May 2010 Last revised: 13 Mar 2016
Date Written: September 8, 2009
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.
Keywords: public international law, judicial review, security council, chapter vii, international law in domestic courts, municipal law and international law
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