The Problematic of an Automated Effect and Margin of Appreciation in the Context of UN Targeted Sanctions Implementation Challenges

Cătălin-Nicușor GHINEA*

Abstract: The establishment of the Sanctions Regimes at the UN level with direct effects on individuals and entities has created a global jurisdiction, without also assuring at the outset a proper implementation control, an aspect viewed as a substantial imbalance.3 Though considered “smart” or “targeted”, the UN Sanctions being assimilated with preventive measures, their effectiveness and mandatory nature depend on the supranational action4 of the Security Council, which extend to the actual implementing manner adopted by the Member States. Yet, the burden of objectives’ accomplishments relies almost solely on the proper enforcement decisions at domestic level. As the States, on one hand, are obliged by the UN Charter of engaging in a specific conduct in order to ensure an exact application of the respective UN Resolutions instituting sanctions and, on the other hand, the availability of a real margin of appreciation is called into question, the national and European authorities (EU level), in particular, were confronted with the never-ending dilemma of the exact effects set under the international law of the UN membership status and of Articles 25 and 103 of the UN Charter, when dealing with specific UN Targeted Sanctions.

Key-words: UN Targeted Sanctions, automated effect, margin of appreciation

*Cătălin-Nicuşor Ghinea holds a Master’s Degree in Public International Law at the University of Bucharest and has graduated from the Faculty of Law within the same institution in 2017. The opinions expressed in this article are solely the author’s and do not engage the institution he belongs to.

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