human rights considerations enforcement of security council sanctions and the eu legal order n.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
Human rights considerations, enforcement of Security Council sanctions and the EU legal order PowerPoint Presentation
Download Presentation
Human rights considerations, enforcement of Security Council sanctions and the EU legal order

Loading in 2 Seconds...

play fullscreen
1 / 9

Human rights considerations, enforcement of Security Council sanctions and the EU legal order - PowerPoint PPT Presentation


  • 79 Views
  • Uploaded on

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

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Human rights considerations, enforcement of Security Council sanctions and the EU legal order' - draco


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.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
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)

lecture 1 sanctions and the icl
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

sanctions and the icl 2
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

sanctions and the icl 3
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

sanctions and the icl 4
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

sanctions and the icl 5
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

sanctions and the ilc 6
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

sanctions and the icl 7
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

sanctions and the icl 8
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