National Implementation of United Nations Sanctions: A Comparative Study

National Implementation of United Nations Sanctions: A Comparative Study

National Implementation of United Nations Sanctions: A Comparative Study

National Implementation of United Nations Sanctions: A Comparative Study

Synopsis

This work is a comparative study of domestic implementation of Security Council mandatory sanctions taken under Article 41, Chapter VII of the UN Charter, including the establishment of the two international criminal tribunals, the ICTY and ICTR, and recent resolutions on the combating of the financing of terrorism. The book examines implementation in 16 select States in Europe, America, Asia, the Middle East and Africa, underlining also the particular problems arising from sanctions implementation by the European Union, by a permanently neutral and former non-Member State Switzerland - and by States confronted with special economic problems within the meaning of Article 50 of the UN Charter. Three interrelated themes are addressed. The first, of a theoretical nature, concerns the question of whether implementation of Security Council resolutions, particularly where perceived to be in fulfilment of community objectives, poses problems which are in some way distinct from those raised by the implementation of other conventional international law obligations, thereby shedding a different light on the traditional relationship between international and municipal law. The second concerns the effectiveness of the decisions of the Security Council viewed from the perspective of the effective mise en uvre of these decisions in national law. The third theme concerns the legitimacy of Security Council resolutions as seen from the viewpoint of domestic legal systems, that is the extent to which Security Council decisions encroach on internationally or constitutionally protected individual rights and the potential role played by domestic courts in reviewing the decisions of the Security Council. The latter has assumed particular importance in the framework of the combating of the financing of terrorism. This work, which brings together the research results of 29 academics and experts, is the second publication within the framework of a project on Security Council sanctions carried out under the auspices of the Graduate Institute of International Studies. The first, which looked at a broad set of issues, was entitled United Nations Sanctions and International Law and was published by Kluwer Law International in 2001.

Excerpt

This comparative study of national implementation of Security Council sanctions resolutions which brings together the research results of 29 academics and experts, is the second publication within the framework of a project on UN Sanctions carried out under the auspices of the Graduate Institute of International Studies and directed by Professor Vera Gowlland-Debbas. This part of the project was extended following on the events of 11 September, 2001 in order to take into account implementation of Security Council resolutions on the combatting of terrorism.

The first publication, entitled United Nations Sanctions and International Law (Kluwer Law International, 2001), examined a broader set of issues on the basis of papers first presented at a Colloquium organised by the Graduate Institute of International Studies in Geneva from 23 to 25 June 1999.

The overall project has been made possible by funding from The Thyssen Founda; tion, The United Nations University, The Swiss Federal Department of Foreign Affairs, The Swiss Federal Department of Defence, Civil Protection and Sports, and the Tokyo Club in Japan.

The Graduate Institute of International Studies would like to reiterate its thanks to the sponsors for their invaluable support. Thanks also are due to Dr. Daniel Warner, Executive Director of the Programme for the Study of International Organisation(s), who was responsible for the overall administration of the project and to Ms. Lisa Krahenbuhl and Ms. Catherine Rebord for their contribution to the coordination and secretarial tasks. Dr. Djacoba Liva Tehindrazanarivelo was responsible for the final preparation of the manuscript for publication.

This book is dedicated to the memory of Mariano Garcia-Rubio.

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