The Power of Process: The Value of Due Process in Security Council Sanctions Decision-Making

The UN Security Council's transition to 'targeted sanctions' in the 1990s marked a revolutionary shift in the locus of the Council's decision-making from states to individuals. The establishment of the targeted sanctions regime, should be regarded as more than a shift in policy and invites attention to an emerging tier of international governance. This book examines the need to develop a due process framework having regard to the uniquely political and crisis-based context in which the Security Council operates. Drawing on Anglo-American jurisprudence, this book develops procedural principles for the international institutional context using a value-based approach as an alternative to the formalistic approach taken in the literature to date. In doing so, it is recognized that due process is more than a set of discrete legal standards, but is a touchstone for the way the international legal order conceives of far larger questions about community, law and values.

1. Introduction ; 2. The Case for Procedural Reform: Due Process as Court Process ; 3. The 'Source-Based' Approach to Procedural Reform: Methodology, Myths and Misconceptions ; 4. A 'Value-Based' Approach: Three Models of Due Process ; 5. A Model Based on Accuracy: The Instrumentalist Model in the UN Sanctions Context ; 6. A Model Based on Interest Respresenation: The Dignitarian Model in the UN Sanctions Context ; 7. A Model Based on Public Accountability: The Public Interest Model in the UN Sanctions Context ; 8. Conclusion