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Due process in the United Nations

Hovell, Devika (2016) Due process in the United Nations. American Journal of International Law, 110 (1). pp. 1-48. ISSN 0002-9300

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Identification Number: 10.5305/amerjintelaw.110.1.0001

Abstract

Certain UN organs continue to resist procedural limitations on their decisionmaking authority. Yet, paradoxically, failure to accord due process has compromised the strength of UN authority, as seen in relation to the targeted-sanctions regime and the Haiti cholera outbreak that began following the arrival of UN peacekeepers in 2010. This article questions current, formalistic approaches to due process in the UN setting—which rely on traditional sources of international law. As an alternative, it presents a value-based approach that takes into account instrumentalist, dignitarian, and public interest principles.

Item Type: Article
Official URL: https://www.asil.org/resources/american-journal-in...
Additional Information: © 2016 American Society of International Law
Divisions: Law
Subjects: K Law > K Law (General)
Sets: Departments > Law
Date Deposited: 19 Dec 2016 16:06
Last Modified: 20 Jun 2020 02:13
URI: http://eprints.lse.ac.uk/id/eprint/68654

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