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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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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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 3: Kadi ghost (1) Nada (Swiss Federal Tribunal) Implications of the timing of the decision Admissibility before EctHR (relevance of Behrami)? Chances of success on the merits?

3 De Wet Kadi ghost (2) Al Jedda (House of Lords) Factual distinction from Behrami Convincing? Public international law reasoning Jus Cogens argument (Court of Appeal) Risks inherent in this argument Al Jedda and A,K,M,Q & G Consequences

4 De Wet Kadi ghost (3) Different techniques House of Lords UK Court of Appeal Court of Cassation (France) Swiss Federal Tribunal

5 De Wet Kadi ghost (4) Advantages/ Disadvantages of review by domestic courts Bottom up protection of human rights Conflicting approaches (fragmentation) Undermining international peace and security? Regional courts a safer solution?