- Challenges and opportunities for judicial protection of human rights against decisions of the United Nations Security Council
- Award date
- 11 June 2013
- Number of pages
- Document type
- PhD thesis
- Faculty of Law (FdR)
- Amsterdam Center for International Law (ACIL)
The thesis deals with the responses of domestic and regional courts when they are confronted with cases concerning individuals whose human rights are interfered with due to the implementation of UNSC decisions. The UNSC may impose, for example, economic sanction measures, or place specifically designated individuals on a blacklist, the so-called targeted sanctions. UN member states are under an international obligation to carry out these decisions. Moreover, according to article 103 of the UN Charter this obligation prevails over divergent obligations they may have under any other international agreement. How do courts deal with this situation in which a conflict may exist between an obligation under the UN Charter and an obligation under international human rights law? Do they grant precedence to the decisions of the UNSC or do they provide the adversely affected individuals a measure of judicial protection of their human rights? If so, how do they do that? What different approaches may they take, and what are the consequences?
- Research conducted at: Universiteit van Amsterdam
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