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2007

Comparative Law

Daniel S Meyers

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Full-Text Articles in Law

The Transatlantic Divide Over The Implementation And Enforcement Of Security Council Resolutions, Daniel S. Meyers Oct 2007

The Transatlantic Divide Over The Implementation And Enforcement Of Security Council Resolutions, Daniel S. Meyers

Daniel S Meyers

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 …