Terörizmin finansmanının önlenmesine yönelik Birleşmiş Milletler Güvenlik Konseyi'nin akıllı yaptırım kararları
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Date
2015
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Sosyal Bilimler Enstitüsü
Abstract
The main purpose of The United Nations, which was established after The Second World War, is to maintain international peace and security. United Nations Security Council is assigned to fulfill this purpose and if The Security Council determines any existence of threat to the peace, breach to the peace or act of aggression, it may decide taking any measures necessary involving or not involving the used of armed force. Especially after the occurrence of 9/11 attacks, targets of Security Council's sanctions are certain individuals and/or entities. Those individuals and/or entities' fundamental rights and freedoms are restricted or violated by The Security Council's resolutions, which is called "smart sanctions". The United Nations Charter hasn't got any article including judicial remedy for those individuals and/or entities. Hence, whether or not there is any judicial remedy in the framework of The United Nations, European Union and Council of Europe is analysed separately in this study. Applicability of smart sanctions and whether or not judicial review is possible for smart sanctions are also researched taking into consideration example of Turkey.
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