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Ahmed and Others v. Her Majesty’s Treasury (JUSTICE intervening) (Nos 1 and 2)
Published online by Cambridge University Press: 01 January 2021
Abstract
Relationship of international law and municipal law — Treaties — United Nations Charter, 1945 — United Nations Act 1946 giving effect to United Nations Charter in United Kingdom domestic law — Orders in Council made under Section 1 of United Nations Act 1946 — Whether Treasury empowered by Section 1(1) of United Nations Act 1946 to introduce asset-freezing regime by means of Orders in Council — Freezing of assets of individual suspected terrorists — Executive orders without parliamentary scrutiny — Separation of powers — Intention of Parliament — Orders in Council giving effect to United Nations Security Council Resolutions — Terrorism (United Nations Measures) Order 2006 (“TO”) — Reasonable suspicion test — Al-Qaida and Taliban (United Nations Measures) Order 2006 (“AQO”) — Validity of TO and AQO — Whether TO and AQO ultra vires Section 1 of United Nations Act 1946 — Principle of legality — Fundamental rights — Whether terms going beyond those required by Security Council Resolution — Scope of power conferred by Section 1 of United Nations Act 1946 — Whether restrictive measures by executive order rather than primary legislation legitimate — Whether TO and AQO should be quashed — Application for suspension of court order — Whether suspension appropriate
Treaties — United Nations Charter, 1945 — United Kingdom’s international obligations under United Nations Charter — Whether prevailing over United Kingdom’s obligations under European Convention on Human Rights, 1950 — Section 1(1) of United Nations Act 1946 enabling United Kingdom to fulfil its obligations under United Nations Charter to implement Security Council Resolutions — Scope of power conferred by Section 1(1) of United Nations Act 1946 — United Kingdom’s obligations under Security Council Resolutions
International organizations — United Nations — Security Council — Security Council having primary responsibility for maintenance of international peace and security — Security Council Resolutions — Terrorism (United Nations Measures) Order 2006 giving effect to SCR 1373 (2001) and SCR 1452 (2002) — Al-Qaida and Taliban (United Nations Measures) Order 2006 giving effect to series of SCRs including SCR 1452 (2002) — SCR 1267 (1999) establishing Sanctions Committee — Measures against individual suspected terrorists
Economics, trade and finance — Economic sanctions — Orders in Council imposing asset-freezing regime — Freezing of funds, economic resources and financial services without time-limit — Sanctions Committee established by Security Council Resolution 1267 (1999) having consolidated list — Persons named on list subject to freezing of funds, assets and economic resources — Effects of restriction on designated persons and third parties under Orders in Council
Human rights — Right to enjoyment of property — Right to privacy — Right to family life — Right of access to effective remedy — Whether Order in Council incompatible with fundamental rights at common law — Whether Order in Council incompatible with rights protected by European Convention on Human Rights, 1950 under Human Rights Act 1998 — Whether measures seriously interfering with individual’s fundamental rights justifiable
Terrorism — United Nations — Creation of permanent international system for combating terrorism — Security Council Resolutions — Security Council further broadening approach following terrorist attacks on United States of America on 11 September 2011 — Suppression and prevention of financing and preparation of acts of terrorism — Implementation in United Kingdom by executive orders — Restrictive measures against individual suspected terrorists — Encroachments upon personal liberty — Validity of executive orders — The law of the United Kingdom
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- © Cambridge University Press 2012