Targeted UN Sanctions: Application of Legal Sources and Procedural Matters
![handle is hein.journals/nordic72 and id is 299 raw text is: Nordic Journal of International Law 72: 291-304, 2003. 291
© 2003 Koninklijke Brill NV Printed in the Netherlands.
Targeted UN Sanctions: Application of Legal Sources and
Procedural Matters
GORAN LYSEN
Professor of Law at Uppsala University, Sweden.
1. Introduction
Professor lain Cameron's above article, 'UN Targeted Sanctions, Legal Safe-
guards and the European Convention on Human Rights' (based on his 'Report
to the Swedish Foreign Office on Legal Safeguards and Targeted Sanctions'
October 2002) is impressive in dealing with the key issues of substance as to
possible violations of human rights. He concludes that there are very probably
violations of these rights, and in particular with regard to access to court.
All material rights involved such as property rights, right to family life and
privacy may be restricted by law in accordance with what may be necessary in
a democratic society provided that this is done in a proportional manner. Nev-
ertheless some views should be added concerning the legal sources involved
and some procedural matters must also be considered. The focus connects
mainly on case T-306/01, Aden and others/Council and Commission of the
European Communities, dealing with the three Somalian-Swedish persons
and the Al Barakaat International Foundation in Sweden, whose assets were
frozen by Community measures implementing United Nations (UN) targeted
sanctions against individuals placed suspected of connections with terrorist
activities.
1 Not yet decided. See the Order by the Court of May 7, 2002, T-306/01R, [2002] ECR
II-2387, which rejected interim measures suspending Community measures. This aspect of
interim measures is not dealt with here, although this author concurs with the decision of the
CFI. It is suffient here to quote from recital 79 exressing the opinion of the Council and the
Commission: 'le prejudice 6conomique allegue n 'est ni grave ni irreparable. En effet, selon
une jurisprudence constante, un prejudice d'ordre financier ne serait en principe considire
comme grave et irreparable que s'il n 'est pas susceptible d'tre entikrement recupr6 si la
partie requerante obtient gain de cause dans l'affaire au principal'. Since the attacked regu-
lations have been abrogated, the case may fall, and the matter might become one of seeking
indemnity from the EC.](ViewImageLocal?handle=hein.journals/nordic72&div=18&collection=&method=preview&ext=.png&size=3)
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Targeted UN Sanctions: Application of Legal Sources and Procedural Matters
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