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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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A Model Based on Accuracy

A Model Based on Accuracy

The Instrumentalist Model in the UN Sanctions Context

Chapter:
(p.85) 5 A Model Based on Accuracy
Source:
The Power of Process
Author(s):

Devika Hovell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198717676.003.0005

Chapter 5 examines an instrumentalist model of due process in the Security Council sanctions setting. This model is supported by a court-based or international adjudicatory procedural framework. A number of institutional features of the Security Council would severely compromise the capacity of the instrumentalist model to deliver enhanced legitimacy in Security Council sanctions decision-making. The connection between normative models of procedural fairness and conceptions of community, law, and values reveals that the choice of procedural framework for the sanctions setting impacts at a broader level. The adoption of an instrumentalist model would serve to solidify a classical conception of the international legal order. Adoption of an instrumentalist model and associated adjudicatory framework in the Security Council context would: (a) entrench a narrow conception of international community as confined to nation states; (b) give judges an inflated role in international law-making; and (c) have a stagnating effect on the international value system.

Keywords:   accuracy, instrumentalist, representativeness, bindingness, discretion, international values

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