This thesis argues that a tension exists between a new individualized norm of security within the counter-terrorism context and human security framework of the United Nations Security Council, focusing on the implications of the resolution 1267 counter-terrorism regime. This topic is of particular relevance as the threat of terrorism continues to grow and evolve. While the human security framework has been well studied, the individualization of security through counter-terrorism is a more recent development, and its tensions and implications have not been fully considered. This thesis uses a discourse analysis in order to demonstrate that counter-terrorism is constructed as a norm, and that there has been a shift in norms within the UN Security Council in relation to counter-terrorism and human rights. It will trace how a set of norms has emerged in order to make terrorism a part of the Security Council’s agenda, and how and why these have changed. In order to trace these norms, terrorism has been separated into two stages: state-sponsored and international terrorism, where terrorism was viewed as a threat stemming from state-governments and; transnational terrorism, where it was viewed as a trans-border threat arising from individuals. Within these stages, the objectives, targets and tools of the Council’s counter-terrorism policies will be studied in order to demonstrate how they work together to reinforce a norm. The analysis will be used to show how the case of Kadi v. Council and Commission came about in the transnational terrorism stage as a direct result of the Security Council’s counter-terrorism regime and its alleged breach of human rights. The Kadi case demonstrates that a tension does exist between the norm of individualization of security within the counter-terrorism context and the human security framework.

Sanctions within the EU's Common Foreign and Security Policy The purpose of my thesis is to analyse the EU sanctions legislation, with the focus on the most problematic part - sanctions against non-state actors relating to the fight against terrorism. Within this objective I also focus on the analysis of relevant case law, in particular the latest developments at the Court of Justice, which has not yet been sufficiently reflected in the literature. The reason for my research is the intriguing development the application of sanctions has gone through in the EU, regarding the case law and the changes introduced by the Lisbon Treaty. The thesis is composed of five chapters. Chapter One is introductory and defines the term international sanctions and the context of their adoption at the UN level. Chapter Two examines the Common Foreign and Security Policy, which is the tool EU uses for the sanctions application. Chapter Three thoroughly analyses the relevant provisions of the primary law. First part of the chapter focuses on the pre-Lisbon legislation for its importance for the EU case law. Second part provides a detailed insight into the primary law provisions after the Lisbon Treaty and focuses on the latest Court of Justice decision concerning the application of articles 75 and 215 SFEU. Chapter...

Submitted thesis deals with the Kadi case law of both the General Court and the Court of Justice. It focuses mainly on its structural aspects and the specific procedural standards which are to be applied according to the ECJ's Kadi case law in the context of counter terrorist measures aimed at individuals are only briefly mentioned. While the General Court dismissed an action lodged by Mr. Kadi on the ground that EU's measures strictly implementing UN Security Council resolutions cannot be reviewed in light of their compliance with EU's human rights principles, the Court of Justice held in favor of the applicant. Although both instances departed from the same point that is, that it is the EU law which determines the status and effects of international law within the EU law, they differ in terms of what the EU law says about the status of the Charter of the UN within the EU law system. The General Court based its decision on the combination of succession of the EU into international obligations of its member states established in the 1970s and articles 347 and 351 TFEU. The succession is required because for a legal norm to serve as a standard of review it needs to be intenally binding on the Union and the article 351 TFEU or its sibling is required to elevate the Charter of the UN (and the UN...

The EU has for some time imposed sanctions against individiduals, i.e. targeted sanctions. These sanctions have had impacts on the listed individual in forms of limited procedural rights due to inter alia the limited disclosure of evidence. Improvements in the field were introduced by Kadi. Yet it remains difficult for the individual who wants to challenge a listing. The purpose of this essay is to examine how to obtain mechanisms for an effective judicial review in targeted sanctions cases when there is a non-disclosure of evidence to the EU Courts by the EU institutions. This essay will also discuss how the Courts standard of review could look like after Kadi. It will also address the need for an increased responsibility of the EU institutions, in the matter concerning the access to confidential information. This relates to questions regarding the transparency in the Union. This essay suggests that the mechanisms needed to acquire a higher intensity of review as well as an effective judicial review could be the use of closed material procedures and special advocates.

The Diploma Thesis deals with the relationship between International and European law in the context of actual events. The main aim is to analyse this relationship on the particular case of Yassin Abdullah Kadi by means of the wide scale of expert opinions and discussions. The main aim will be achieved through several partial aims (theoretical definition of essential conceptions relating to the theme, description of particular UN resolutions and their implementation into European law, analysis of the judgements of EU judicial authorities in the Kadi case).

In this study, it is aimed to analyze the learned (ilmiye) group that was important part of the military class of the Ottoman Empire and the ilmiye group had three important members. They were judges (kadis), professors (m&uuml / derrises) and muftis (m&uuml / ft&uuml / s) and they were analyzed from the beginning to the end of the career line as a dynamic process. Due to the vast nature of the subject, one needed to delimit the research in terms of time and space. In that regard, it was chosen the 18th century and the districts belonging to the Anatolian kaz&acirc / skerlik (chief justice). Due also to the impossibility to cover the whole Ottoman eras of six hundred years, the eighteenth century was chosen, the period following the classical period and preceding the era of modernization. This was because the 18th century was the era when the classical institutions of the Ottoman Empire could no longer resist the forces of change. The extent of changes, which took place in this century, might constitute a topic for other researches. On the other hand, the need to delimit the area of research to the Anatolian chief justice (kaz&acirc / skerlik) was a result of technical and methodological necessity.