Edited by David Cole, Federico Fabbrini and Arianna Vedaschi
Chapter 17: Global sanctions, state secrets and supranational review: seeking due process in an interconnected world
In the twenty-first century, the fight against terrorism has increasingly acquired a global dimension. States and international organizations have developed cooperative instruments to tackle the terrorist threat, notably through the adoption of administrative measures for freezing the assets of individuals and entities suspected of financing terrorism. The sanctions adopted at the global level have a profound impact on fundamental rights and not surprisingly courts in multiple jurisdictions – including in the supranational framework of the European Union (EU) – have been called upon to review their legality. In recent years, courts, especially in the EU, have begun taking seriously their task to protect core due process rights and have demanded that natural and legal persons subjected to global financial sanctions be provided with the evidence that assertedly justifies the restrictive measures against them. Despite their solicitude, however, EU courts have been confronted with a new challenge. Supranational and international institutions often do not have access to the evidence, which is possessed, and secretly held, mainly by the United States (US) – the country with the most sophisticated intelligence apparatus worldwide and that has been at the forefront of the global fight against terrorism. The purpose of this chapter is to explore the intricacies that arise from supranational review of global sanctions based on state secrets and to suggest ways in which due process for designated individuals and entities could be sought in our interconnected world. The chapter takes stock of the recent decision of the EU General Court (GC) in Kadi II
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.