From Interpretation to Defiance

Journal of International Criminal Justice, Vol. 8, pp. 249-267, 2010

19 Pages Posted: 18 Apr 2010

Date Written: December 2, 2009

Abstract

Domestic courts are increasingly being seized by persons subjected to or affected by sanctions imposed by the UN Security Council, particularly under the regime established under resolution 1267. In Abdelrazik v Canada, the Canadian Federal Court ‘interprets away’ the obligations of Canada under the 1267 regime, potentially forcing upon the state a breach of its international obligations under the resolution and the UN Charter. But at the same time it offers an important - if implicit - justification for that breach under international law.

Keywords: United Nations, Security Council, Sanctions, Non-Forcible Measures, Chapter VII, Resolution 1267, Sanctions Regimes, Terrorism, Domestic Courts

Suggested Citation

Tzanakopoulos, Antonios, From Interpretation to Defiance (December 2, 2009). Journal of International Criminal Justice, Vol. 8, pp. 249-267, 2010. Available at SSRN: https://ssrn.com/abstract=1514802

Antonios Tzanakopoulos (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

HOME PAGE: http://www.law.ox.ac.uk/people/antonios-tzanakopoulos

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