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Author Elgebeily, Sherif, author

Title The rule of law in the United Nations Security Council decision-making process : turning the focus inwards / Sherif Elgebeily
Published Abingdon, Oxon ; New York, NY : Routledge, 2017
Online access available from:
ProQuest Ebook Central    View Resource Record  


Description 1 online resource (x, 207 pages)
Series Routledge research in international law
Routledge research in international law.
Contents Pt. 1. Defining the rule of law for the security council : how, why and what? -- pt. 2. Exploring the components of the rule of law
Yoking the giant Pantagruel : why the Security Council needs a rule of law -- The shifting sands of the rule of law -- The components of a bespoke Security Council rule of law -- Clarity of action -- Legal certainty -- Equality before the law -- The predictability paradox -- Consistency with international human rights and humanitarian norms and standards -- Separation of powers and acting ultra vires -- The equitable participation in decision-making processes -- Accountability
Summary "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."-- Back cover
Bibliography Includes bibliographical references and index
Notes Description based on print version record
Subject United Nations. Security Council -- Powers and duties.
Rule of law.
Form Electronic book
ISBN 1315413442 (electronic bk.)
1315413450 (electronic bk.)
9781315413440 (electronic bk.)
9781315413457 (electronic bk.)