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

Author:   Devika Hovell (Assistant Professor in Public International Law, Assistant Professor in Public International Law, London School of Economics)
Publisher:   Oxford University Press
ISBN:  

9780198717676


Pages:   216
Publication Date:   21 January 2016
Format:   Hardback
Availability:   In Print   Availability explained
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The Power of Process: The Value of Due Process in Security Council Sanctions Decision-Making


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Overview

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.

Full Product Details

Author:   Devika Hovell (Assistant Professor in Public International Law, Assistant Professor in Public International Law, London School of Economics)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.00cm , Height: 1.90cm , Length: 23.60cm
Weight:   0.480kg
ISBN:  

9780198717676


ISBN 10:   0198717679
Pages:   216
Publication Date:   21 January 2016
Audience:   College/higher education ,  Professional and scholarly ,  Postgraduate, Research & Scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

1: Introduction 2: The Case for Procedural Reform: Due Process as Court Process 3: The 'Source-Based' Approach to Procedural Reform: Methodology, Myths and Misconceptions 4: A 'Value-Based' Approach: Three Models of Due Process 5: A Model Based on Accuracy: The Instrumentalist Model in the UN Sanctions Context 6: A Model Based on Interest Respresenation: The Dignitarian Model in the UN Sanctions Context 7: A Model Based on Public Accountability: The Public Interest Model in the UN Sanctions Context 8: Conclusion

Reviews

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 *


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 * 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


Author Information

Devika 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 Award. Devika graduated from the University of Western Australia with a Bachelor of Arts and a Bachelor of Laws with First Class Honours. She served as an Associate to Justice Kenneth Hayne at the High Court of Australia, and as judicial clerk at the International Court of Justice in the Hague.

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