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The Rule of Law in the United Nations Security Council Decision-Making Process - Turning the Focus Inwards (Hardcover)
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The Rule of Law in the United Nations Security Council Decision-Making Process - Turning the Focus Inwards (Hardcover)
Series: Routledge Research in International Law
Expected to ship within 12 - 17 working days
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The UN Security Council is entrusted under the UN Charter with
primary responsibility for the maintenance and restoration of the
international peace; it is the only body with the power to
authorise military intervention legally and impose international
sanctions where it decides. However, its decision-making process
has hitherto been obscure and allegations of political bias have
been made against the Security Council in its responses to
potential international threats. Despite the rule of law featuring
on the Security Council's agenda for over a decade and a UN General
Assembly declaration in 2012 establishing that the rule of law
should apply internally to the UN, the Security Council has yet to
formulate or incorporate a rule of law framework that would govern
its decision-making process. This book explains the necessity of a
rule of law framework for the Security Council before analysing
existing literature and UN documents on the domestic and
international rule of law in search of concepts suitable for
transposition to the arena of the Security Council. It emerges with
eight core components, which form a bespoke rule of law framework
for the Security Council. Against this framework, the Security
Council's decision-making process since the end of the Cold War is
meticulously evaluated, illustrating explicitly where and how the
rule of law has been undermined or neglected in its behaviour.
Ultimately, the book concludes that the Security Council and other
bodies are unwilling or unable adequately to regulate the
decision-making process against a suitable rule of law framework,
and argues that there exists a need for the external regulation of
Council practice and judicial review of its decisions.
General
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