Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Human Rights before Security in Kadi and Beyond

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The case of Yassin Abdullah Kadi v European Commission (Kadi II) before the Court of Justice of the European Union (CJEU) arguably constitutes the culmination of a development whereby the CJEU has managed to achieve the superposition of respect for human rights over concerns for international security in the international hierarchy of norms. The ingenious technique the CJEU has used to succeed in this perhaps initially seemingly futile endeavour is accounted in this chapter. The chapter highlights important passages in Kadi II through which the CJEU reaffirmed the principled position it took in Kadi I. Whereas there remains some doubts after Kadi I as to the degree of determination in the attitude of the CJEU towards the relationship between international security and other concerns, among them human rights, no such doubts remain after Kadi II. Finally, the chapter discusses the consequences for international law of the European legal developments.

Keywords: CJEU; European Commission (Kadi II); European legal developments; human rights; international law; Yassin Abdullah Kadi

10.1163/9789004274587_020
/content/books/b9789004274587s020
dcterms_subject,pub_keyword
10
5
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    International Law and Changing Perceptions of Security — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation