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

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.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.1.. Introduction2.. The Case for Procedural Reform: Due Process as Court Process3.. The 'Source-Based' Approach to Procedural Reform: Methodology, Myths and Misconceptions4.. A 'Value-Based' Approach: Three Models of Due Process5.. A Model Based on Accuracy: The Instrumentalist Model in the UN Sanctions Context6.. A Model Based on Interest Respresenation: The Dignitarian Model in the UN Sanctions Context7.. A Model Based on Public Accountability: The Public Interest Model in the UN Sanctions Context8.. ConclusionDevika Hovell,Assistant Professor in Public Internation Law, London School of EconomicsDevika Hovell is an Assistant Professor in Public International Law at the London School of Economics. She holds a doctorate from the University of Oxford and a Master of Laws from New York University, where she was awarded the George Colin AwarlCR