1 / 9

Human rights considerations, enforcement of Security Council sanctions and the EU legal order

Human rights considerations, enforcement of Security Council sanctions and the EU legal order. Prof. Dr. Erika de Wet, LL.M. (Harvard). Yusuf and Kadi cases (CFI, 2005, ECJ 2008) Tension between human rights and i.a. international peace and security

draco
Download Presentation

Human rights considerations, enforcement of Security Council sanctions and the EU legal order

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Human rights considerations, enforcement of Security Council sanctions and the EU legal order Prof. Dr. Erika de Wet, LL.M. (Harvard)

  2. Yusuf and Kadi cases (CFI, 2005, ECJ 2008) Tension between human rights and i.a. international peace and security Impact of transfer of decision making powers on individuals Inability of individual legal orders to protect individual rights Lecture 1: Sanctions and the ICL 2 De Wet

  3. Erosion of the concept of a “total domestic constitution” containing (complete) framework for the exercise of public power Traditional notion of State constitution Constitutive Documents of International Organisations Influenced by developments on EU level Sanctions and the ICL (2) 3 De Wet

  4. Such framework to be found in international constitutional order Role of national/ regional/ functional organisations (regimes) (Verfassungskonglomerat) Sanctions and the ICL (3) 4 De Wet

  5. Fundamental substantive elements Norms of positive law Strong ethical underpinning Hierarchical superiority through state practice Jus cogens/ erga omnes Sanctions and the ICL (4) 5 De Wet

  6. Fundamental Structural elements Subjects constituting international community States International Organizations Individuals and Companies?? Enforcement Mechanisms Decentralized Political organs Judicial organs Domestic Courts; Regional Courts Sanctions and the ICL (5) 6 De Wet

  7. Differences with Networks approach Acknowledgment of emerging hierarchy Acknowledgment of need for control over public power Acknowledgment of need for protection of the individual within internationalised context Sanctions and the ILC (6) 7 De Wet

  8. Rudimentary international value system UN Charter as starting point Jus cogens obligations (peremptory) Erga omnes obligations (community oriented, notably human rights) Value system evolving Sanctions and the ICL (7) 8 De Wet

  9. Feasibility? Hegemonic tendencies? Would dualism/ pluralism/ networks approach be a better solution Implications for International Responsibility of States? Sanctions and the ICL (8) 9 De Wet

More Related