Document Type

Article

Publication Date

7-22-2016

Publication Title

AJIL Unbound

Volume

110

Issue

13

Pages

13-17

Abstract

Devika Hovell raises deeply significant questions about the role of due process in the legitimacy of the United Nations Security Council (UNSC).[1] Hovell gives us a fine-grained analysis of what exactly makes due process so compelling; in her approach, the reasons why it is compelling will vary in different contexts, depending upon the particular value and function it serves. In particular, she discusses three ways of articulating the values underlying due process, and the models of due process that would follow from each. She then discusses how her analysis would play out in two situations: The Council’s use of asset freezes, and the role of the UN in the cholera epidemic in Haiti. In her case studies, she looks at situations where due process has been insufficient, and discusses some of the UN’s attempts to remedy this, and the organizational difficulties in doing so...

Comments

Author Posting. © ASIL and Joy Gordon 2016. This article is posted here by permission of the American Society of International Law for personal use, not for redistribution. The article was published in AJIL Unbound, vol. 110, no. 13, 2016, https://www.asil.org/blogs/due-process-and-iraq-sanctions-response-devika-hovell

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