From Kadi to Nada: Judicial Techniques Favoring Human Rights Over United Nations Security Council Sanctions

(2013) 12 Chinese Journal of International Law (December Issue, Forthcoming)

19 Pages Posted: 2 Nov 2013

See all articles by Erika De Wet

Erika De Wet

Faculty of Law, University of Pretoria

Date Written: October 31, 2013

Abstract

The contribution analyzes the implications of the Kadi decision of the European Court of Justice of 18 July 2013, as well as that of the Nada decision of the European Court of Human Rights of September 2013. Both decisions have given preference to human rights standards over United Nations Security Council sanctions stemming from the Resolution 1267 (1999) sanctions regime. However, they used very different techniques in coming to similar results, with implications for the effective enforcement of UNSC binding decisions and the unity of international law.

Keywords: UNSC, sanctions, Kadi, Nada, fair trial, article 103

Suggested Citation

De Wet, Erika, From Kadi to Nada: Judicial Techniques Favoring Human Rights Over United Nations Security Council Sanctions (October 31, 2013). (2013) 12 Chinese Journal of International Law (December Issue, Forthcoming), Available at SSRN: https://ssrn.com/abstract=2348010 or http://dx.doi.org/10.2139/ssrn.2348010

Erika De Wet (Contact Author)

Faculty of Law, University of Pretoria ( email )

Physical Address Economic and Management Sciences
Pretoria, Gauteng 0002
South Africa

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