Freedom to Choose the Legal Means for Implementing UN Security Council Resolutions and the ECJ Kadi Judgment: A Misplaced Argument Hindering the Enforcement of International Law in the EC

Summary:

This article analyses the implementation United Nations (UN) Security Council (SC) resolutions in relation to the Kadi judgement by the European Court of Justice (ECJ). The article aims to clarify that a different and preferable methodological approach was available to the ECJ, which is reviewing the contested European Community (EC) Regulation on the basis of customary international law.

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