Book

The Power of Process

Devika Hovell

Published in print January 2016 | ISBN: 9780198717676
Published online March 2016 | e-ISBN: 9780191787157 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780198717676.001.0001

Series: Oxford Monographs in International Law

The Power of Process

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This study examines the value of due process in Security Council decision-making. The debate about due process in Security Council sanctions decision-making has endured for over a decade. There is presently a deadlock between those who consider that a court-based review process is an essential element of sanctions decision-making, and the Security Council, which remains impervious to calls for court-based reform. This book seeks to re-energize the debate, arguing that the intransigence on the part of both sides is less a product of ideology and more a question of methodology. Over the last two decades, remarkably little attention has been given to the value of due process in the Security Council setting. Why the fixation on courts? Are courts really necessary to instill fairness into sanctions decision-making about individuals? What are the due process values that court-based process promotes? A value-based approach to due process provides more fertile and hopefully fruitful terrain in which to debate the development of a due process framework for international decision-making. It not only increases the persuasiveness of the case for procedural reform, but more adequately fulfils the responsibility of international lawyers to develop international legal principles that respond to and improve the international legal system.

Keywords: Security Council; sanctions; due process; Ombudsperson; courts; Kadi; global governance; global administrative law; global constitutionalism

Book.  224 pages. 

Subjects: Public International Law ; Constitutional and Administrative Law

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Table of Contents

Introduction in The Power of Process

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The Case for Procedural Reform in The Power of Process

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A ‘Value-Based’ Approach in The Power of Process

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A Model Based on Accuracy in The Power of Process

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Conclusion in The Power of Process

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