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Power of Process

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

«Hovell's rigorous work should be engaged with by domestic public lawyers and international lawyers alike. It presents a thought-provoking set of solutions to the challenge of holding the global security apparatus to account.»

Hayley J Hooper, Oxford Journal of Legal Studies

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. Les mer

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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.

Detaljer

Forlag
Oxford University Press
Innbinding
Innbundet
Språk
Engelsk
ISBN
9780198717676
Utgivelsesår
2016
Format
24 x 17 cm

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«Hovell's rigorous work should be engaged with by domestic public lawyers and international lawyers alike. It presents a thought-provoking set of solutions to the challenge of holding the global security apparatus to account.»

Hayley J Hooper, Oxford Journal of Legal Studies

«The book, written in an accessible style, demonstrates the continuing relevance of the rule of law and the importance of further thought about its role in the UN context. It is a valuable tool for further discussion and research, and will be of interest to academics, government lawyers, diplomats, think tanks, NGOs, journalists, students and all others with an interest in the UN Security Council, UN sanctions and claims against the UN generally.»

Kristin Boon, Netherlands International Law Review

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