Fairly Clear Risks: Protecting UN sanctions’ legitimacy and effectiveness through fair and clear procedures

United Nations, March 2018. 
James Cockayne, Rebecca Brubaker and Nadeshda Jayakody.

Sanctions imposed by the United Nations Security Council affect large numbers of people, businesses and governments worldwide. They are central to the UN’s efforts to maintain international peace and security. A recent wave of litigation suggests that ‘fair process’ concerns raised in relation to UN sanctions on ISIL, Da’esh and Al Qaida are now providing the basis for litigation of other UN sanctions regimes, including those dealing with armed conflicts and nuclear proliferation. ‘Fairly Clear Risks’, an independent study from UN University, reviews 47 fair process challenges to UN sanctions from 12 jurisdictions, assesses the risks that UN sanctions now face. The report suggests steps that might be taken to protect their legitimacy and effectiveness at a crucial moment for the UN system.