The ultimate aim of this thesis is to examine the legitimacy and procedural fairness of the asset-freezing legal systems1 as a counter-terrorism measure, in order to offer recommendations on how to reform the law in Jordan. To that end, it is argued that counter-terrorism measures generally undermine procedural fairness and relevant human rights. This thesis explores how sophisticated legal orders deal with the adverse effects of lack of legitimacy and procedural fairness in the asset-freezing counter-terrorism, in order to form a model that can resolve the defects in the application of the asset-freezing systems. To achieve this end, the thesis is divided into seven chapters. It starts with a brief introduction. Chapter 1, seeks to explore the development of the asset-freezing in the United Nations (hereinafter ‘UN’), the changes in its nature, and determines if the United Nations Security Council (hereinafter ‘UNSC’) is empowered to impose such asset-freezing obligations. Chapter 2, inspects the decision-making procedures involved in the asset-freezing against designated persons such as UNSCR.1267, and its descendants, and the observation of procedural fairness in the UN legal order. Chapter 3, examines the application of the UNSC asset-freezing systems by the European Union (hereinafter ‘EU’) and its procedures, and the observation of procedural fairness in order to explore its inconsistencies and flaws. Chapter 4, looks at the legal challenge to the UN and EU legal orders, the lack of judicial protection in the UN, and the possibility of compensating for this lack by the EU Judiciary based on the autonomy of the EU legal order to see if the EU courts have the capability to provide effective judicial protection and the extent of such judicial protection . Chapter 5 deals with the approaches followed in applying the UN, EU and national asset-freezing systems and their procedure in the UK legal order, also the observance of procedural fairness in these contexts. Chapter 6 examines the right to effective judicial protection and the approach followed to accommodate the security considerations in proceedings before the UK court. Chapter 7 explores the application of the asset-freezing systems in Jordan, the lack of procedural fairness and the limited judicial protection offered. Finally, the thesis presents concluding remarks and recommendations for law reform in Jordan.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:668113 |
| Date | January 2015 |
| Creators | Al-Own, Gasem M. S. |
| Publisher | University of Glasgow |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Source | http://theses.gla.ac.uk/6758/ |
Page generated in 0.0031 seconds