The power of process : the value of due process in Security Council sanctions decision-making
著者
書誌事項
The power of process : the value of due process in Security Council sanctions decision-making
（Oxford monographs in international law）
Oxford University Press, 2016
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注記
Includes bibliographical references (p. [171]-188) and index
内容説明・目次
内容説明
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.
目次
- 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
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