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
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
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