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

Examining the legal principles behind UN Security Council sanctions, this book questions whether due process is afforded to sanctioned individuals in the context of the politics and crises that form the heart of Security Council 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.