<p>The aim of this study is to discuss different motives behind the perceived transition from economic sanctions towards smart sanctions. The human rights aspect is also considered in the study, in terms of the wider humanism which is associated with smart sanctions. Does this relate to the fact that human rights have got an increased esteem in society, whereas economic, social and cultural rights be on equality with civil and political rights? Economic sanctions have been used extensively during the 1990s, both by the UN and by different regional organisations and countries. The hardest sanction regime has been imposed on Iraq. In this study, Iraq is used to highlight economic sanctions and the outcome is discussed in order to highlight the transition towards smart sanctions. Smart sanctions have been imposed three times till now, where Zimbabwe was the last example in February 2002. The effects of these sanctions are put in contradiction to Iraq, and the differences them between are discussed. Conclusions are that the ongoing transition and development towards smart sanctions have a multilateral character, where economic, efficiency, ideological, and humane motives areof considerable importance. The humane motives are of most significance for this development. Smart sanctions will continue to develop and be implemented, when international society find it necessary to maintain or restore peace or emphasise the existing rules or norms in the prevailing world. Despite the motives behind the transition towards smart sanctions, the dividing line between the two groups of human rights is still distinct. But due to new initiatives from both the UN and NGOs such as Amnesty International this dividing line is slowly starting to erase. It is not possible now to state that economic, social and cultural rights have got an increased esteem and be on equality with civil and political rights, but if the beginning consciousness is here to stay, it is likely to see an increased esteem in the near future.</p>

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 aim of this study is to discuss different motives behind the perceived transition from economic sanctions towards smart sanctions. The human rights aspect is also considered in the study, in terms of the wider humanism which is associated with smart sanctions. Does this relate to the fact that human rights have got an increased esteem in society, whereas economic, social and cultural rights be on equality with civil and political rights? Economic sanctions have been used extensively during the 1990s, both by the UN and by different regional organisations and countries. The hardest sanction regime has been imposed on Iraq. In this study, Iraq is used to highlight economic sanctions and the outcome is discussed in order to highlight the transition towards smart sanctions. Smart sanctions have been imposed three times till now, where Zimbabwe was the last example in February 2002. The effects of these sanctions are put in contradiction to Iraq, and the differences them between are discussed. Conclusions are that the ongoing transition and development towards smart sanctions have a multilateral character, where economic, efficiency, ideological, and humane motives areof considerable importance. The humane motives are of most significance for this development. Smart sanctions will continue to develop and be implemented, when international society find it necessary to maintain or restore peace or emphasise the existing rules or norms in the prevailing world. Despite the motives behind the transition towards smart sanctions, the dividing line between the two groups of human rights is still distinct. But due to new initiatives from both the UN and NGOs such as Amnesty International this dividing line is slowly starting to erase. It is not possible now to state that economic, social and cultural rights have got an increased esteem and be on equality with civil and political rights, but if the beginning consciousness is here to stay, it is likely to see an increased esteem in the near future.