1st Edition

The Rule of Law in the United Nations Security Council Decision-Making Process Turning the Focus Inwards

By Sherif Elgebeily Copyright 2017
222 Pages
by Routledge

222 Pages
by Routledge

222 Pages
by Routledge

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... Read more

1. Introduction  Part 1: Defining a Security Council Rule of Law: How, Why and What2. Yoking Pantagruel- why the Security Council needs a Rule of Law  3. The rule of law- shifting sands on the international plane  4. Ethereal reality- The components of a bespoke Security Council rule of law  Part 2: Exploring the Components of the Rule of Law  5. Clarity of Action - Procedural Transparency and Public Promulgation  6. Equality before the Law  7. The Predictability Paradox- the avoidance of arbitrariness, supremacy of the law and fairness in the application of the law  8. Consistency with International Human Rights Norms and Standards  9. The Separation of Powers and Acting ultra vires  10. The Equitable Participation in Decision-Making Processes  11. Accountability  12. Conclusion

Biography

Dr Sherif A Elgebeily is the Director of the Centre for the Study of International Peace and Security (CSIPS), co-chair of the International Law and Policy in Africa Network (ILPAN), and was the 2016 Bingham Centre International Visiting Rule of Law Research Fellow.

He has worked for the UN Department of Political Affairs (Iraq Team) and the European Commission, and has also lectured internationally on topics including the rule of law, human rights, and international law in Hong Kong, Egypt, and the UK.