Papers by Meankeen Commander
This paper describes the the current foreign policy of the EU vis-à-vis Egypt, and provides three... more This paper describes the the current foreign policy of the EU vis-à-vis Egypt, and provides three recommendations as to what the EU's stance should be.
This paper reveals the legal problem of jurisdiction the Court of First Instance (CFI) faced in
K... more This paper reveals the legal problem of jurisdiction the Court of First Instance (CFI) faced in
Kadi I. There, the CFI judged it had no authority to review the legality of a EU Regulation
that transposed a UN Security Council resolution, due to the nature of that resolution being
jus cogens (‘understood as a body of higher rules of public international law binding on all
subjects of international law, including bodies of the United Nations [which includes EU
Member States], and from which no derogation is possible’).1 Next, this paper outlines how
the Court of Justice (‘the Court’) in Kadi II overruled and reversed the CFI’s first judgement,
by explaining two arguments of the Court that authorised reviewability. Those two
arguments are (1) the interpretation of Art 307 EC and (2) how reviewing the lawfulness of
internal EU measures does not affect the lawfulness of the international UN measures.
Finally, after establishing how the Court grounded EU jurisdiction on a case involving the
dispute of an international UN measure, this paper concludes with the Court’s review and
judgement.
The Syrian civil war, that started in 2011, seems never ending. Sectarian conflict between Sunni
... more The Syrian civil war, that started in 2011, seems never ending. Sectarian conflict between Sunni
and Shia, including Alawi, of which the al-Assad family stems, is ensuring a protracted war. Still, it
would be simplistic to refer to sectarian identity as the main driver of uprising against the Assad
regime or continued violence. Regardless, scholars preferred ‘ancient hatreds’ and sectarianism as
explanations for the current domestic and regional political conflict in both Syria and the Middle
East (Darwich, Fakhoury 2016, p. 2). These scholars describe the conflict by delving into the past,
when ruptures first appeared between Sunni and Shia Muslim branches over the disagreement
regarding Prophet Muhammad's successor, after his death in 632 AD (Hashemi, N. and Postel, D.,
2017, p. 1). One group, the Sunnis, argued that the next leadership should be chosen among his
close companions. Shias, in contrast, believed it should be chosen among his family. This dispute
centralized on Muslim leadership but more broadly on the moral basis of legitimacy regarding
“political and religious authority in Islam” (Hashemi, N. and Postel, D., 2017, p. 1-2)
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Papers by Meankeen Commander
Kadi I. There, the CFI judged it had no authority to review the legality of a EU Regulation
that transposed a UN Security Council resolution, due to the nature of that resolution being
jus cogens (‘understood as a body of higher rules of public international law binding on all
subjects of international law, including bodies of the United Nations [which includes EU
Member States], and from which no derogation is possible’).1 Next, this paper outlines how
the Court of Justice (‘the Court’) in Kadi II overruled and reversed the CFI’s first judgement,
by explaining two arguments of the Court that authorised reviewability. Those two
arguments are (1) the interpretation of Art 307 EC and (2) how reviewing the lawfulness of
internal EU measures does not affect the lawfulness of the international UN measures.
Finally, after establishing how the Court grounded EU jurisdiction on a case involving the
dispute of an international UN measure, this paper concludes with the Court’s review and
judgement.
and Shia, including Alawi, of which the al-Assad family stems, is ensuring a protracted war. Still, it
would be simplistic to refer to sectarian identity as the main driver of uprising against the Assad
regime or continued violence. Regardless, scholars preferred ‘ancient hatreds’ and sectarianism as
explanations for the current domestic and regional political conflict in both Syria and the Middle
East (Darwich, Fakhoury 2016, p. 2). These scholars describe the conflict by delving into the past,
when ruptures first appeared between Sunni and Shia Muslim branches over the disagreement
regarding Prophet Muhammad's successor, after his death in 632 AD (Hashemi, N. and Postel, D.,
2017, p. 1). One group, the Sunnis, argued that the next leadership should be chosen among his
close companions. Shias, in contrast, believed it should be chosen among his family. This dispute
centralized on Muslim leadership but more broadly on the moral basis of legitimacy regarding
“political and religious authority in Islam” (Hashemi, N. and Postel, D., 2017, p. 1-2)
Kadi I. There, the CFI judged it had no authority to review the legality of a EU Regulation
that transposed a UN Security Council resolution, due to the nature of that resolution being
jus cogens (‘understood as a body of higher rules of public international law binding on all
subjects of international law, including bodies of the United Nations [which includes EU
Member States], and from which no derogation is possible’).1 Next, this paper outlines how
the Court of Justice (‘the Court’) in Kadi II overruled and reversed the CFI’s first judgement,
by explaining two arguments of the Court that authorised reviewability. Those two
arguments are (1) the interpretation of Art 307 EC and (2) how reviewing the lawfulness of
internal EU measures does not affect the lawfulness of the international UN measures.
Finally, after establishing how the Court grounded EU jurisdiction on a case involving the
dispute of an international UN measure, this paper concludes with the Court’s review and
judgement.
and Shia, including Alawi, of which the al-Assad family stems, is ensuring a protracted war. Still, it
would be simplistic to refer to sectarian identity as the main driver of uprising against the Assad
regime or continued violence. Regardless, scholars preferred ‘ancient hatreds’ and sectarianism as
explanations for the current domestic and regional political conflict in both Syria and the Middle
East (Darwich, Fakhoury 2016, p. 2). These scholars describe the conflict by delving into the past,
when ruptures first appeared between Sunni and Shia Muslim branches over the disagreement
regarding Prophet Muhammad's successor, after his death in 632 AD (Hashemi, N. and Postel, D.,
2017, p. 1). One group, the Sunnis, argued that the next leadership should be chosen among his
close companions. Shias, in contrast, believed it should be chosen among his family. This dispute
centralized on Muslim leadership but more broadly on the moral basis of legitimacy regarding
“political and religious authority in Islam” (Hashemi, N. and Postel, D., 2017, p. 1-2)