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Part IX Trends, Ch.58 The Constitutionalization of Public International Law

Erika De Wet

From: The Oxford Handbook of Comparative Constitutional Law

Edited By: Michel Rosenfeld, András Sajó

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2023

In the well-known Kadi decision of 2008, the European Court of Justice (ECJ) was confronted with the legality of the absence of due process for individuals residing in European Union member states whose assets were frozen, due to their being blacklisted by the UN Security Council (UNSC) as ‘international terrorists’.1 The dispute was rooted in UNSC Resolutions 1267 of 15 October 1999,2 1333 of 19 December 2000,3 and the measures subsequently adopted within the EU in order to implement those resolutions uniformly in all member states.4 The UNSC adopted these...
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