European Communities - implementation of UN sanctions - measures of foreign and security policy and common commercial policy - scope of common commercial policy - export of medical goods to Republics of Serbia and Montenegro - necessity of national measures under public international law

Article Abstract:

The United Nations Security Council resolution embargoing most exports to Serbia and Montenegro provided the Court of Justice of the European Communities with a case trying the interactions between national, EC and United Nation law. The UK approved a measure to conform with the resolution that was challenged as being incompatible with EC law. The Court of Justice determined that incompatibility was all right if the measure was necessary to comply with the resolution but that national courts must determine whether the measure was necessary.

United Kingdom, International trade, international, European Union

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Liability for private losses due to UN Security Council trade embargo - European Communities - liability for a lawful act - inability of European company to recover debts owed by Iraqi agency - Iraqi retaliatory measures as legal cause of losses

Article Abstract:

The author examines the European Court of First Instance's decision in Dorsch Consult Ingenieurgesellschaft mbH v. Council of the European Union, which ruled the EU was not liable for business losses incured because of the UN Security Council trade embargo against Iraq, and concludes it is unclear whether Iraq can be held liable.

European Union, Iraq, Government liability, Compensation (Law), Business losses

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