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Frontex and the eu Member States have been criticised for not carrying out sea surveillance operations coordinated by the Agency in full compliance with human rights obligations. While Frontex and the Member States are clearly obliged to respect human rights when carrying out maritime surveillance operations within their territorial waters and contiguous zone, the question is much more complex on the high seas and especially in the territorial waters of a third country. Therefore, the most problematic question in Frontex operations is the extraterritorial application of human rights obligations of the eu and its Member States. The aim of this paper is to determine to what extent Regulation 656/2014 has introduced a clear regulation of the interception and rescue operations coordinated by Frontex while at the same time fully respecting fundamental rights and, in particular, the principle of non-refoulement.

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The divergence of opinion between EU and international lawyers as to the consequences of the Kadi/Al Barakaat judgment is likely to remain for the foreseeable future. While international lawyers focus their analysis on the constitutional role of the UN Charter in international law, EU lawyers seek to assert the autonomy and primacy of the EU treaties. The aim of this article is to analyse where the divergence between the two perspectives can be found. The judgment of the European Court of Justice cannot be interpreted as questioning the authority of the Security Council in discharging its duties for the maintenance of international peace and security. The consequences of the General Court's case‐law as regards the EU autonomous list of terrorists should be borne in mind when faced with the implications of Kadi/Al Barakaat. It is not justified that the level of protection to the individuals or entities affected by targeted sanctions should depend on the legal framework in which the restrictive measures have been adopted (UN or EU), or on the margin of discretion left to the EU Member States by the Security Council.

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