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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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

ISBN13: 9780191027451
Published: January 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
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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, rather than a change in policy, invites attention to an emerging tier of international governance. A shift in policy engineered to inject greater fairness into the sanctions regime has subsequently given rise to more than a decade of debate about the lack of due process in sanctions decision-making.

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. In response to questions raised on how the UN Security Council didn't considered the need to give due process to individuals impacted directly by its decisions. Through this controversy in the sanctions context was created, where individuals have been subject to global asset freezes, travel bans and employment bans, described as a form of 'civic death'.

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.

Public International Law, eBooks
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

Series: Oxford Commentaries on International Law

The International Criminal Court: A Commentary on the Rome Statute 2nd ed ISBN 9780198739777
Published September 2016
Oxford University Press
Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations 4th ed ISBN 9780198703969
Published January 2016
Oxford University Press
The United Nations Convention Against Torture: A Commentary ISBN 9780199280001
Published March 2008
Oxford University Press
The 1972 World Heritage Convention: A Commentary ISBN 9780199291694
Published March 2008
Oxford University Press