Sources of International Law

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An Effective Remedy for Josef K: Canadian Judge ‘Defies’ Security Council Sanctions through Interpretation

Antonios Tzanakopoulos is a DPhil Candidate at St Anne's College, Oxford. In 2005, he was research assistant to Professor Giorgio Gaja, the International Law Commission's Special Rapporteur on the Responsibility of International Organizations. His Oxford thesis is on the responsibility of the United Nations for wrongful non-forcible measures by the Security Council. Many thanks are due to Dapo Akande, Gleider Hernández & Devika Hovell. The usual disclaimer applies. I. Introduction Municipal and regional courts are increasingly engaged by individuals and legal entities in questions relating to UN Security Council measures adopted under Article 41 of the Charter. Most prominent among these are the 'targeted sanctions' imposed by Security Council Resolutions (SCR) 1267 (1999) seq, which provide for asset freezes, travel bans and arms embargoes against persons listed by the Committee established pursuant to SCR 1267 (the 1267 Committee). Usually the relevant SCRs are attacked indirectly before the domestic court, the direct attack being on the domestic implementing measures. In the recent case…

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Kadi and Al Barakaat: Luxembourg is not Texas – or Washington DC

Piet Eeckhout is Professor of Law and Director of the Centre for European Law at King's College London. He was a member of the legal team for the applicant Yassin Kadi. The European Court of Justice's approach in the Kadi decision has already been described as sharply dualist (see,Professor Joseph Weiler's…

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