Legislation and Adjudication in the UN Security Council: Bringing Down the Deliberative Deficit

  title={Legislation and Adjudication in the UN Security Council: Bringing Down the Deliberative Deficit},
  author={Ian M. Johnstone},
  journal={American Journal of International Law},
  pages={275 - 308}
  • I. Johnstone
  • Published 1 April 2008
  • Political Science
  • American Journal of International Law
Critiques of decision making in international organizations are often framed in terms of the democratic deficit. Leveled against the United Nations Security Council, the charge has become more pointed in light of recent quasi-legislative and quasi-judicial acts—most notably the adoption of Resolutions 1373 and 1540 on the financing of terrorism and the spread of weapons of mass destruction, respectively, and the Resolution 1267 sanctions regime, which targets individuals suspected of… 
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FASSBENDER, supra note 111, pt. C, para. 11. The Fassbender, Biersteker and Eckert, and Cameron studies all analyze and set out various due process rights recognized in international law
    Martti Koskenniemi, The Police in the Temple: Order, Justice and the UN: A Dialectical View, 6 EUR
    • J. INT'L L
    • 1995
    at 7; see also FASSBENDER, supra note 111
      For the application of administrative law standards of procedural fairness to global governance, see Benedict Kingsbury
      • 2004
      Koskenniemi states that the fundamental problem with the Security Council as dispenser of j ustice-as opposed to guardian of order-is its lack of accountability within the UN system. Koskenniemi
      • J. INT'L L
      • 2006
      I would like to thank Ulrik Ahnfeldt-Mollerup for drawing my attention to this point