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Unpublished Paper
The Transatlantic Divide Over The Implementation and Enforcement of Security Council Resolutions
ExpressO (2007)
  • Daniel S Meyers, New York University
Abstract
American and European governmental institutions adopt vastly divergent approaches to the implementation and enforcement of targeted sanctions adopted by the United Nations Security Council under Chapter VII of the Charter of the United Nations. In Europe, targeted sanctions mandated under Chapter VII of the Charter are regarded as absolute obligations outside the reach of local due process constraints. In America, by contrast, such Chapter VII measures are regarded as mandatory obligations only to the extent that they are consistent with domestic law. As a consequence, a commonly held belief -- that in the "war" on terror, American institutions are more willing to sacrifice human rights than their European counterparts -- appears to be turned on its head. For an individual or entity against which the Security Council has mandated that Chapter VII targeted sanctions be applied, greater procedural protections are available if the United States, rather than Europe, is implementing the sanctions.
Disciplines
Publication Date
October 26, 2007
Citation Information
Daniel S Meyers. "The Transatlantic Divide Over The Implementation and Enforcement of Security Council Resolutions" ExpressO (2007)
Available at: http://works.bepress.com/daniel_meyers/1/