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.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.