Targeted Sanctions: Resolving the International Due Process Dilemma

42 Pages Posted: 29 Apr 2015 Last revised: 15 Mar 2016

See all articles by Jack I. Garvey

Jack I. Garvey

University of San Francisco - School of Law

Date Written: April 7, 2015

Abstract

This article proposes a solution to the crisis of due process that has been generated by the UN Security Council targeting sanctions against listed individuals, commercial entities and other organizations. It addresses the strategic paradox that UN listing, ostensibly designed to enhance global security, is increasingly undermining the legitimacy and efficacy of targeted sanctions. The article proposes, for constructive resolution of the due process dilemma of UN listing, that the blacklisting mandated by sanctions resolutions of the United Nations Security Council be undertaken exclusively through the processes of national and regional law. The article explains how this can avoid the due process dilemma of UN listing, while significantly enhancing the targeting of sanctions as a principal tool for achieving peace and world order.

Keywords: sanctions, targeted sanctions, United Nations Security Council, due process, human rights, United States Treasury Department sanctions, domestic targeted sanctions, international law

Suggested Citation

Garvey, Jack I., Targeted Sanctions: Resolving the International Due Process Dilemma (April 7, 2015). Texas International Law Journal, Vol. 50, Page 551 (2016), Univ. of San Francisco Law Research Paper No. 2015-07, Available at SSRN: https://ssrn.com/abstract=2599808

Jack I. Garvey (Contact Author)

University of San Francisco - School of Law ( email )

2130 Fulton Street
San Francisco, CA 94117
United States

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