The Interfaces between the National and International Rule of Law:The Case of UN Targeted Sanctions

International Organizations Law Review, Vol. 9 (2), 2012

Amsterdam Center for International Law No. 2012-17

Amsterdam Law School Research Paper No. 2012-105

60 Pages Posted: 15 Dec 2012 Last revised: 20 Feb 2013

Date Written: December 13, 2012

Abstract

The interfaces between national and international law have significantly evolved due to subject-matter overlap between national and international law. The restriction of governmental authority by the ’rule of law’ is no exception in this regard. International scholarship has so far largely examined the national reception of the international rule of law. Much less recognised is the international perspective: namely, as to how the international rule of law understands, accepts, or resists the national rule of law. This paper examines the international reception of national rule of law practices within a specific regulatory context of UN targeted sanctions. Member states’ exercise of authority and the UN Security Council’s listing decisions bear resemblance to each other, which creates the conditions for the interfaces between the national and international rule of law. A series of judicial contestations formally based on the national rule of law were translated into normative, theoretical, and political forces at the international level, leading to the generation and materialisation of the principles of fairness and transparency as one of the elements of the international rule of law.

Keywords: rule of law, international rule of law, interfaces between national and international law, United Nations, targeted sanctions

JEL Classification: K33

Suggested Citation

Kanetake, Machiko, The Interfaces between the National and International Rule of Law:The Case of UN Targeted Sanctions (December 13, 2012). International Organizations Law Review, Vol. 9 (2), 2012, Amsterdam Center for International Law No. 2012-17, Amsterdam Law School Research Paper No. 2012-105, Available at SSRN: https://ssrn.com/abstract=2188915 or http://dx.doi.org/10.2139/ssrn.2188915

Machiko Kanetake (Contact Author)

Utrecht University ( email )

School of Law
Newtonlaan 201
Utrecht, 3584 BH
Netherlands

HOME PAGE: http://www.uu.nl/staff/MKanetake

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