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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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Conclusion

Conclusion

Chapter:
(p.161) 8 Conclusion
Source:
The Power of Process
Author(s):

Devika Hovell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198717676.003.0008

The major contribution of this book is to unpack the concept of due process for international lawyers. In particular, the book identifies three models of due process and shows the different ways in which these models would enhance legitimacy in Security Council sanctions decision-making. I conclude that it is the UN Ombudsperson rather than international courts that offers the greatest capacity to enhance legitimacy in the Security Council sanctions setting. Though further reform is needed, the Ombudsperson offers the capacity to provide more inclusive deliberations, greater access to information (including public notice, public reason-giving, and independent review), and greater responsiveness on the part of the Security Council. In the end, though, the aim of the book is to stimulate thinking rather than foreclose debate. In working toward a procedural framework for international decision-making, careful attention must be paid to the value of due process, rather than merely its form.

Keywords:   methodology, due process theory, legitimacy, Ombudsperson, role of courts

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