European judicial responses to Security Council Resolutions : a consequentialist assessment / by Kushtrim Istrefi.

Format:

Book

Author/Creator:

Istrefi, Kushtrim, author.

Language:

English

Subjects (All):

Human rights.

Civil rights.

Economic sanctions, European.

Sanctions (International law).

Detention of persons.

Due process of law.

United Nations. Security Council--Resolutions.

United Nations.

United Nations--Sanctions.

United Nations. Charter.

Physical Description:

1 online resource (xii, 203 pages)

Place of Publication:

Leiden ; Boston : Brill/Nijhoff, [2018]

Summary:

In European Judicial Responses to Security Council Resolutions: A Consequentialist Assessment , Kushtrim Istrefi examines the multiple effects of European courts decisions as regards Security Council targeted sanctions and security detentions interfering with fundamental rights. He elaborates what type of judicial responses ensured real and practical respect for human rights for the petitioners, encouraged Security Council due process reform, clarified Security Council authorisations on security detentions, and tested the primacy and universal character of the UN Charter. Making use of legal and non-legal instruments, Istrefi sheds some light upon what happened to, among others, petitioners, the SC due process reform agenda, and the UN Charter after such cases as Kadi , Al-Jedda , Ahmed , Al-Dulimi .

Contents:

Introduction

Security Council Resolutions Affecting Human Rights: Targeted Sanctions and Security Detentions

Duty to Comply with Security Council Resolutions: the Force of the UN Charter

European Judicial Responses to Security Council Resolutions Affecting Individual Rights

The Effects of the European Jurisprudence: Human Rights, Due Process Reform and the UN Charter

Conclusion.

Notes:

Includes bibliographical references.

ISBN:

90-04-34526-4

90-04-34525-6

Publisher Number:

10.1163/9789004345263 DOI