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.-- Provided by Publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 171-188) and index.
Formatted Contents Note
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.
KZ6373 .H82 2016
Oxford, United Kingdom : Oxford University Press, 2016.