نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
In the international legal system at the regional level, we witness the formation of a monitoring system for the functioning of the Security Council. A very clear and recent example in this regard is the case of the NADA and Al-Taqwa ruling, which was issued in 2012. This case has been subject to judicial review by regional institutions such as the European Court of Justice and the European Court of Human Rights. The question that is of interest in this article is whether, apart from the Yusuf Mustafa NADA case, there has been a precedent for the European Court of Justice and the European Court of Human Rights to issue a ruling against the Security Council? It seems that this case is one of the rare cases that has been reviewed by the Council of Europe, although in the past, the Council of Europe was involved once again in the case of the Kadi Al-Barakat Institute. The purpose of this study is to examine the important issue of judicial oversight from two dimensions, at the international and regional levels, and in two parts. The first part is titled legal oversight of Security Council decisions within the framework of the international and regional legal system, divided into two chapters: Judicial oversight of the Court over Security Council resolutions and judicial oversight of regional courts over Security Council resolutions. The second part, titled judicial procedure of European courts, evaluates and examines the NADA decision. The conclusion that can be reached in this article is that when the Council of Europe intervened in the case of Yousef Mustafa NADA and rendered the Security Council decision ineffective and nullified at the regional level, in similar cases we can witness the implementation of justice and fair trial in the regional and global context by giving capacity to regional courts.
کلیدواژهها English
