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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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Introduction

Introduction

Chapter:
(p.1) 1 Introduction
Source:
The Power of Process
Author(s):

Devika Hovell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198717676.003.0001

Chapter 1 discusses the current problem with the due process debate in the Security Council sanctions context. The Security Council has set itself against any form of judicial review of its decision-making, creating an impasse with those insisting on a court-based model of due process. The solution may be a subtle shift in international law source methodology. Little attention has been given to the value of due process in the Security Council setting. International lawyers have relied on international law source methodology, drawing ‘universal’ procedural standards from customary international law or general principles. However, due process principles are contextual, not universal. This book aims to develop procedural principles for the international institutional context using a normatively rich rather than formalistic approach. In order to construct a procedural framework for a new tier of governance, the focus should be on creating a new set of rules for an emerging governmental context.

Keywords:   due process, public law, international law methodology, judicial review, Ombudsperson

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