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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). When will ECJ or ECtHR engage in review? Incidental review EU versus non-EU member States Membership in Council of Europe

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Human rights considerations, enforcement of Security Council sanctions and the EU legal order

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

  2. 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? Lecture 2: the SC and Regional/ Domestic Courts (1) 2 De Wet

  3. 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 The SC and Regional/ Domestic Courts (2) 3 De Wet

  4. 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? SC and Regional/ Domestic Courts (3) 4 De Wet

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

  6. 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 SC and Regional/ Domestic Courts (5) 6 De Wet

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

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