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Legal Issues Concerning The "1267 Sanctions Regime" Of UNSC

Posted on:2019-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:L L ZhangFull Text:PDF
GTID:2346330542481624Subject:International Law
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This thesis discusses three significant legal issues of the "1267 sanctions regime" the UNSC always faced while performing its primary responsibility for the maintenance of international peace and security during the past years by analyzing several latest judgments of domestic court,regional court and ICJ regarding the fulfillment of the UN members' obligations under the present UN Charter.It concludes that these judgments indicate respectively,from various perspectives,that the "1267 sanctions regime" is in human rights,due process and judicial review dilemma.Besides,Abdelrazik case and Kadi case involve the conflicts between global governance and regional governance,the contradiction between the rule of international and domestic rule of law,as well as the challenges between the fragmentation and consistently application of international law.It is suggested that the reform of the "1267 sanctions regime" should started with clarifying the functions and power line of the UNSC,as well as improving the list and de-list procedures.What's more,whether there exists any appropriate legal basis for ICJ's judicial review,is not only related to the question of its legality,but also affects its judicial practice in the future.Taking into account of the development tread of the theory of human rights and the important role China played in the UNSC,it is suggested that the legislative framework established in other countries have provided a laudable model for China to follow.Furthermore,China should improve the implementation procedures and provide the domestic judicial remedies on the basis of making full preparation for future challenges in advance.
Keywords/Search Tags:1267 sanctions regime, human rights, due process, judicial review
PDF Full Text Request
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