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The Power of ProcessThe Value of Due Process in Security Council Sanctions Decision-Making$
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Devika Hovell

Print publication date: 2016

Print ISBN-13: 9780198717676

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780198717676.001.0001

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The Case for Procedural Reform

The Case for Procedural Reform

Due Process as Court Process

Chapter:
(p.9) 2 The Case for Procedural Reform
Source:
The Power of Process
Author(s):

Devika Hovell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198717676.003.0002

Chapter 2 tracks the history of procedural reform in the Security Council sanctions context. It examines the gradual evolution of procedural standards in the UN sanctions regime, with particular attention to the development of listing, notification, reason-giving, and de-listing procedures. While important steps have been taken to improve the procedural framework accompanying sanctions decision-making, widespread dissatisfaction remains. The central focus of the reform debate has been on the choice of forum through which individuals might challenge sanctions decision-making and seek de-listing. This chapter examines the three competing procedural frameworks that have emerged in the reform debate: (1) an ‘international adjudicatory framework’ where a centralized judicial organ would review sanctions decision-making; (2) a ‘pluralist adjudicatory framework’, where domestic courts assume jurisdiction to review sanctions decision-making (‘pluralist adjudicatory framework’); (3) a ‘non-judicial Ombudsperson framework’ established by the Security Council in 2009.

Keywords:   procedural history, listing, notification, reasons, de-listing, Ombudsperson, domestic courts

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