ABSTRACT
This chapter examines the response of European courts—and in particular of the European Court of Justice (ECJ)—to the dramatic challenges to the U. N. Security Council's anti-terrorist sanctions regime recently brought before the courts. It focuses on the Kadi targeted-sanctions cases before the EU courts, and the related, though distinct, Behrami cases before the European Court of Human Rights (ECtHR), concerning the U. N. administration of Kosovo. The chapter analyzes the premises underlying each of these judicial approaches and their views of the international legal order, as well as the place of the European legal system within the international legal order which the respective judicial approaches reflect. It discusses the response of the ECJ and its approach to the relationship between EC and international law in the context of the EU's broader relationship to international law.
