From Kadi to Nada: Judicial Techniques Favouring Human Rights over United Nations Security Council Sanctions

Abstract

This contribution analyses the implications of the Kadi decision of the European Court of Justice of July 2013 and the Nada decision of the European Court of Human Rights of September 2013. Both decisions have given preference to human rights standards over United Nations Security Council (UNSC) sanctions stemming from the Resolution 1267 (1999) sanctions regime. However, they used very different techniques in coming to similar results, with implications for the effective enforcement of UNSC binding decisions and the unity of international law.