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The Power of Process: The Value of Due Process in Security Council Sanctions Decision-Making

The Power of Process: The Value of Due Process in Security Council Sanctions Decision-Making

Hardcover

Series: Oxford Monographs in International Law

General Law

ISBN10: 0198717679
ISBN13: 9780198717676
Publisher: Oxford University Press
Published: Mar 21 2016
Pages: 216
Weight: 1.00
Height: 0.90 Width: 6.30 Depth: 9.30
Language: English
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.

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General Law