Laura Magi

The ECHR Grand Chamber is Still Silent on the Applicability of the Equivalent Protection Test to the UN: the "Al-Dulimi" Case

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Abstract

This paper deals with the judgment of the Grand Chamber of the European Court of Human Rights in the "Al-Dulimi" case, the latest in a long line of cases concerning the compatibility between obligations stemming from the Convention and the UN Security Council resolutions. The continuity between this pronouncement and the previous Court's judgments ("Al-Jedda" and "Nada") is critically pointed out as well as the Court's decision not to apply the equivalent protection test to the UN. In the Author's opinion, such a decision will not help to stimulate a reform to the UN smart sanctions system despite this reform would be the best way to protect the rights of individuals and entities included on the UN black lists irrespective of which State will apply the sanction regime.

Keywords

  • Equivalent Protection
  • European Court of Human Rights
  • Al-Dulimi
  • Conflict of Obligations
  • United Nations
  • Smart Sanctions

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