Evolution ?of Asset-Freezing through the UN Security Council
Keywords:Asset-freezing, Chapter VII of the United Nations Charter, Security Council, Terrorism.
AbstractThe UN Security Council (UNSC) carries out its task in maintaing and restoring international peace and security. However, it is argued that the Security Council evolved new ways to maintain international peace and security that differ from what was originally intended when the UN Charter adopted in 1945. The Development of Asset-freezing could be considered as an example of this evolution. This Article analyses the historic evolution ?of asset-freezing in the UN legal order by the UNSC to identify the changes in the nature of asset-freezing. This article argues that asset-freezing has been designed as a means to put pressure on states to abide by the orders of the UNSC for the purpose of maintaining international collective security.
Andrea Bianchi, ‘Security Council's Anti-Terror Resolutions and their Implementation by Member States: an Overview ’ 4 Journal of International Criminal Justice 1044.
Anthony Aust, ‘Lockerbie: The Other Case’ 49 International and Comparative Law Quarterly 278,
Cian C Murphy, EU Counter-Terrorism Law: Pre-Emption and the Rule of Law (Hart Publishing 2012).
Helena Kennedy, Legal Conundrums in our Brave New Word, Taking Liberties Terrorism and the Rule of Law (Sweet & Maxwell, London, 2004).
Jae-myong Koh, Suppressing terrorist financing and money laundering (Springer, New York 2006).
Jorge Godinho, ‘When Worlds Collide: Enforcing United Nations Security Council Asset Freezes in the EU Legal Order’ 16 European Law Journal 67
Kern Alexander, ‘United States Financial Sanctions And International Terrorism (Part 2)’ 17(5) Journal of International Banking and Financial Law 213
Mary Ellen O'Connell, ‘Debating the Law of Sanctions’ 13 European Journal of International Law 63.
Matthew Craven, ‘Humanitarianism and the quest for smarter sanctions’ 13 European Journal of International Law 43
Michael Bothe, ‘Security Council's Targeted Sanctions Against Presumed Terrorists: the Need to Comply with Human Rights Standards ’ 6(3) Journal of International Criminal Justice 541.
Michael Plachta, ‘The Lockerbie Case: The Role of the Security Council in Enforcing the Principle Aut Dedere Aut Judicare’ 12 European Journal of International Law .
Peter L Fitzgerald, ‘Managing smart sanctions against terrorism wisely’ 36(4) New English Law Review 957.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).