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

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Presentation transcript:

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

2 De Wet Lecture 2: the SC and Regional/ Domestic Courts (1) When will ECJ or ECtHR engage in review? Incidental review EU versus non-EU member States Membership in Council of Europe (Ir)relevance of centralized UN body?

3 De Wet The SC and Regional/ Domestic Courts (2) Competence to review? ECtHR has reviewed other norms of international law Against wide range of rights in ECHR ECtHR displays reticence re SC resolutions Behrami (Extra-territoriallity at issue) Can be distinguished from Bophorus/ Kadi/ OMPI

4 De Wet SC and Regional/ Domestic Courts (3) ECJ/ ECtHR versus international tribunals Role of ICJ Role of ICTY (sub-organ) Who can act on behalf of the international community? Common standards of procedure emerging spontaneously? Are judicial bodies acting as if they belong to the same system?

5 De Wet SC and Regional/ Domestic Courts (4) Comparing Bosphorus/ OMPI/ Kadi Absence of language of contestation (Bosphorus, ECJ) Attacking implementing measure only (OMPI) Attacking SC resolution unavoidable (Kadi)

6 De Wet SC and Regional/ Domestic Courts (5) Comparing techniques ECJ & ECtR Harmonization Increased politicization of ECtHR Long-standing influence of ECtHR on ECJ ECJ may have overtaken in the ECtHR in HR protection

7 De Wet SC and Regional/ Domestic Courts (6) Comparing Behrami with Kadi etc Extra territoriality Political influence on the courts