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United Nations Sanctions in Domestic Courts From Interpretation to Defiance in Abdelrazik v. Canada

Tzanakopoulos, A; (2010) United Nations Sanctions in Domestic Courts From Interpretation to Defiance in Abdelrazik v. Canada. J INT CRIM JUSTICE , 8 (1) 249 - 267. 10.1093/jicj/mqq006.

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Abstract

Domestic courts are increasingly being seized by persons subjected to or affected by sanctions imposed by the UN Security Council, particularly through the regime established under Resolution 1267. In Abdelrazik v. Canada, the Canadian Federal Court 'interprets away' the obligations of Canada under the 1267 regime, potentially forcing upon the state a breach of its international obligations under the resolution and the UN Charter. But at the same time it offers an important-if implicit-justification for that breach under international law.

Type:Article
Title:United Nations Sanctions in Domestic Courts From Interpretation to Defiance in Abdelrazik v. Canada
DOI:10.1093/jicj/mqq006
UCL classification:UCL > School of Arts and Social Sciences > Faculty of Laws

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