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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 Public Accountability

A Model Based on Public Accountability

The Public Interest Model in the UN Sanctions Context

Chapter:
(p.139) 7 A Model Based on Public Accountability
Source:
The Power of Process
Author(s):

Devika Hovell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198717676.003.0007

The Office of the UN Ombudsperson has been criticized in the reform debate as inferior to court-based options. Based on the value-based approach outlined in this article, this chapter reaches a different conclusion. By undertaking a normatively rich analysis of the framework through an understanding of the public interest model of due process it supports, it is possible to better understand the way in which the framework enhances the legitimacy of Security Council decision-making and the international legal order more broadly. The chapter argues that the Ombudsperson framework promotes a subtle shift in classical conceptions of community, law, and values consistent with the emerging ‘cosmopolitan constitutionalist’ school of thought. Those involved in the reform debate, including practitioners, courts, and scholars, should encourage strengthening and extension of the Ombudsperson’s mandate so as to promote the key goals of the public interest model within the 1267 sanctions regime as well as other sanctions regimes.

Keywords:   public interest, Ombudsperson, democracy, access, representation, transparency, standard of review, national security, global constitutionalism

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