Eroding the Primacy of the UN System of Collective Security: The Judgment of the European Court of Justice in the Cases of Kadi and Al Barakaat

International Organizations Law Review, Vol. 5, pp. 329-338, 2009

16 Pages Posted: 25 Jan 2012

See all articles by Larissa van den Herik

Larissa van den Herik

Leiden University

Nico Schrijver

Leiden University - Leiden Law School

Date Written: January, 22 2012

Abstract

This contribution examines the problem of review of targeted sanctions imposed by the Security Council in light of recent developments that occurred in the EU context. Some recent judgements of the European Court of First Instance of the European Communities (CFI) are analysed, as rendered in the cases of Yusuf and Kadi, and also more recently in the cases of the Mujaheddeen and Sison. These latter two judgements show that flaws in the targeted sanctions regimes do not only exist at UN level. The CFI also does not substantively review the listing when this listing is done by the Council of the EU. An examination of the progress made at UN level to address the procedural flaws shows that more than anything else, the real stumbling block is substantive review of intelligence information by an independent and impartial organ. The only conclusion that can be drawn from this is that we are on the way towards a better de-listing procedure, but we are not there yet.

Keywords: International Law, Peace and Security, United Nations, Security Council, European Union, European Court of Justice, Targeted sanctions, Resolution 1267, Resolution 1373, effective remedy, Security Council review

Suggested Citation

van den Herik, Larissa and Schrijver, Nico, Eroding the Primacy of the UN System of Collective Security: The Judgment of the European Court of Justice in the Cases of Kadi and Al Barakaat (January, 22 2012). International Organizations Law Review, Vol. 5, pp. 329-338, 2009, Available at SSRN: https://ssrn.com/abstract=1989830

Larissa Van den Herik (Contact Author)

Leiden University ( email )

Postbus 9500
Leiden, Zuid Holland 2300 RA
Netherlands

Nico Schrijver

Leiden University - Leiden Law School ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

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