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Vol 22 No 5 May/June 2017

Book of the Month

Cover of Arlidge, Eady & Smith on Contempt

Arlidge, Eady & Smith on Contempt

Edited by: Patricia Londono, David Eady, A.T.H. Smith, Rt. Hon Lord Eassie
Price: £319.00

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


ISBN13: 9780198717676
Published: January 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £70.00



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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.

Subjects:
Public International Law
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

Series: Oxford Commentaries on International Law

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Oxford University Press
£125.00
The United Nations Principles to Combat Impunity: A Commentary ISBN 9780198743606
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Oxford University Press
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The UN Declaration on the Rights of Indigenous Peoples: A Commentary ISBN 9780199673223
To be published December 2017
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The European Convention on Human Rights: A Commentary ISBN 9780198813620
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£49.99
The International Criminal Court: A Commentary on the Rome Statute 2nd ed ISBN 9780198739777
Published September 2016
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The Arms Trade Treaty: A Commentary ISBN 9780198723523
Published June 2016
Oxford University Press
£125.00
£58.33 + £11.67 VAT
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Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations 4th ed ISBN 9780198703969
Published January 2016
Oxford University Press
£145.00
The 1949 Geneva Conventions: A Commentary (eBook) ISBN 9780191003530
Published October 2015
Oxford University Press
£208.33 + £41.67 VAT
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The 1949 Geneva Conventions: A Commentary ISBN 9780199675449
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Oxford University Press
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The European Convention on Human Rights: A Commentary ISBN 9780199594061
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£195.00
The Rio Declaration on Environment and Development: A Commentary ISBN 9780199686773
Published February 2015
Oxford University Press
£120.00
The Rio Declaration on Environment and Development: A Commentary (eBook) ISBN 9780191510427
Published February 2015
Oxford University Press
£100.00 + £20.00 VAT
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The Chemical Weapons Convention: A Commentary ISBN 9780199669110
Published August 2014
Oxford University Press
£145.00
The Chemical Weapons Convention: A Commentary (eBook) ISBN 9780191650369
Published August 2014
Oxford University Press
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Published March 2013
Oxford University Press
£162.50 + £32.50 VAT
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The UNCITRAL Arbitration Rules: A Commentary 2nd ed ISBN 9780199696307
Published March 2013
Oxford University Press
£195.00
Commentaries on Selected Model Investment Treaties (eBook)
Edited by: Chester Brown
ISBN 9780191651977
Published January 2013
Oxford University Press
£158.33 + £31.67 VAT
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Commentaries on Selected Model Investment Treaties
Edited by: Chester Brown
ISBN 9780199645190
Published January 2013
Oxford University Press
£200.00
The Charter of the United Nations: A Commentary 3rd ed ISBN 9780199580156
Published November 2012
Oxford University Press
£415.00
The Charter of the United Nations: A Commentary 3rd ed (eBook) ISBN 9780191653872
Published November 2012
Oxford University Press
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£32.49 + £6.50 VAT
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The Vienna Conventions on the Law of Treaties: A Commentary ISBN 9780199546640
Published April 2011
Oxford University Press
£462.50
The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: A Commentary ISBN 9780199542512
Published January 2011
Oxford University Press
£305.00
Convention on Cluster Munitions: A Commentary ISBN 9780199599004
Published October 2010
Oxford University Press
£157.50
The Law of International Responsibility ISBN 9780199296972
Published May 2010
Oxford University Press
£285.00
The UN Genocide Convention: A Commentary
Edited by: Paola Gaeta
ISBN 9780199570218
Published October 2009
Oxford University Press
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The United Nations Convention Against Torture: A Commentary ISBN 9780199280001
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£177.50
The 1972 World Heritage Convention: A Commentary ISBN 9780199291694
Published March 2008
Oxford University Press
£105.00
£44.49