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 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

3 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

4 De Wet Sanctions and the ICL (3) Such framework to be found in international constitutional order Role of national/ regional/ functional organisations (regimes) (Verfassungskonglomerat)

5 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

6 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

7 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

8 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

9 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?