The Power of Process: The Value of Due Process in Security Council Sanctions Decision-Making (Oxford Monographs in International Law)

Synopsis

The Un Security Council's Transition To 'targeted Sanctions' In The 1990s Marked A Revolutionary Shift In The Locus Of The Council's Decision-making From States To Individuals. The Establishment Of The Targeted Sanctions Regime, Should Be Regarded As More Than A Shift In Policy And Invites Attention To An Emerging Tier Of International Governance. This Book Examines The Need To Develop A Due Process Framework Having Regard To The Uniquely Political And Crisis-based Context In Which The Security Council Operates. Drawing On Anglo-american Jurisprudence, This Book Develops Procedural Principles For The International Institutional Context Using A Value-based Approach As An Alternative To The Formalistic Approach Taken In The Literature To Date. In Doing So, It Is Recognized That Due Process Is More Than A Set Of Discrete Legal Standards, But Is A Touchstone For The Way The International Legal Order Conceives Of Far Larger Questions About Community, Law And Values.-- Introduction: The Value Of Due Process In Security Council Sanctions Decision-making -- The Case For Procedural Reform: Due Process As Court Process -- The 'source-based' Approach To Procedural Reform: Methodology, Myths And Misconceptions -- A 'value-based' Approach: Three Models Of Due Process -- A Model Based On Accuracy: The Instrumentalist Model In The Un Sanctions Context -- A Model Based On Interest Representation: The Dignitarian Model In The Un Sanctions Context -- A Model Based On Public Accountability: The Public Interest Model In The Un Sanctions Context -- Conclusion. Devika Hovell. Includes Bibliographical References (pages 171-188) And Index.