BOSPHORUS HAVA YOLLARI TURİZM VE TİCARET ANONİM ŞİRKETİ
v. IRELAND JUDGMENT
14
II. THE SANCTIONS REGIME: THE RELEVANT PROVISIONS
A. Setting up the sanctions regime
61. In September 1991 the United Nations Security Council (UNSC)
adopted a Resolution (Resolution 713 (1991)) under Chapter VII of its
Charter by which it expressed concern about the conflict in the former
Yugoslavia and implemented a weapons and military embargo. UNSC
Resolution 724 (1991), adopted in December 1991, established a Sanctions
Committee to administer the relevant resolutions of the United Nations
Security Council.
62. The relevant parts of UNSC Resolution 757 (1992), adopted on
30 May 1992, provided as follows:
“5. Decides further that no State shall make available to the authorities in the
[FRY] or to any commercial, industrial or public utility undertaking in the [FRY], any
funds, or any other financial or economic resources and shall prevent their nationals
and any persons within their territories from removing from their territories or
otherwise making available to those authorities or to any such undertaking any such
funds or resources and from remitting any other funds to persons or bodies within the
[FRY], except payments exclusively for strictly medical or humanitarian purposes and
foodstuffs;
...
7. Decides that all States shall:
(a) Deny permission to any aircraft to take off from, land in or overfly their
territory if it is destined to land in or has taken off from the territory of the [FRY],
unless the particular flight has been approved, for humanitarian or other purposes
consistent with the relevant resolutions of the Council, by the [Sanctions Committee];
(b) Prohibit, by their nationals or from their territory, the provision of engineering
or maintenance servicing of aircraft registered in the [FRY] or operated by or on
behalf of entities in the [FRY] or components for such aircraft, the certification of
airworthiness for such aircraft, and the payment of new claims against existing
insurance contracts and the provision of new direct insurance for such aircraft;
...
9. Decides further that all States, and the authorities in the [FRY], shall take the
necessary measures to ensure that no claim shall lie at the instance of the authorities in
the [FRY], or of any person or body in the [FRY], or of any person claiming through
or for the benefit of any such person or body, in connection with any contract or other
transaction where its performance was affected by reason of the measures imposed by
the present resolution and related resolutions;”
The resolution was implemented in the European Community by a
Council regulation of June 1992 (Regulation (EEC) no. 1432/92), which