The rule of law in the United Nations Security Council decision-making process : turning the focus inwards
Author(s)
Bibliographic Information
The rule of law in the United Nations Security Council decision-making process : turning the focus inwards
(Routledge research in international law)
Routledge, 2017
Available at 9 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references index
Description and Table of Contents
Description
The UN Security Council is entrusted under the UN Charter with primary responsibility for the maintenance and restoration of the international peace; it is the only body with the power to authorise military intervention legally and impose international sanctions where it decides. However, its decision-making process has hitherto been obscure and allegations of political bias have been made against the Security Council in its responses to potential international threats. Despite the rule of law featuring on the Security Council's agenda for over a decade and a UN General Assembly declaration in 2012 establishing that the rule of law should apply internally to the UN, the Security Council has yet to formulate or incorporate a rule of law framework that would govern its decision-making process.
This book explains the necessity of a rule of law framework for the Security Council before analysing existing literature and UN documents on the domestic and international rule of law in search of concepts suitable for transposition to the arena of the Security Council. It emerges with eight core components, which form a bespoke rule of law framework for the Security Council. Against this framework, the Security Council's decision-making process since the end of the Cold War is meticulously evaluated, illustrating explicitly where and how the rule of law has been undermined or neglected in its behaviour. Ultimately, the book concludes that the Security Council and other bodies are unwilling or unable adequately to regulate the decision-making process against a suitable rule of law framework, and argues that there exists a need for the external regulation of Council practice and judicial review of its decisions.
Table of Contents
1. Introduction Part 1: Defining a Security Council Rule of Law: How, Why and What? 2. Yoking Pantagruel- why the Security Council needs a Rule of Law 3. The rule of law- shifting sands on the international plane 4. Ethereal reality- The components of a bespoke Security Council rule of law Part 2: Exploring the Components of the Rule of Law 5. Clarity of Action - Procedural Transparency and Public Promulgation 6. Equality before the Law 7. The Predictability Paradox- the avoidance of arbitrariness, supremacy of the law and fairness in the application of the law 8. Consistency with International Human Rights Norms and Standards 9. The Separation of Powers and Acting ultra vires 10. The Equitable Participation in Decision-Making Processes 11. Accountability 12. Conclusion
by "Nielsen BookData"