Abstract
The decisions of the Court of First Instance (CFI) of the European Union, in September 2005, in the cases involving Messrs. Kadi and Yusuf highlight,1 if nothing else, one of the more profound governance dilemmas. Should human rights be respected even at the (possible) expense of effective governance? Or should effectiveness of governance be preferred, even at the (possible) expense of the protection of individual human rights? Messrs. Yusuf and Kadi, as is well known, somehow found themselves on a sanctions list adopted by the Security Council,2 and transposed into EU law: they
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