Legislation and Adjudication in the UN Security Council
Bringing Down the Deliberative Deficit
Bibliographic Data
| ID | 9550360 |
|---|---|
| Authors | Ian Johnstone (corresponding author) |
| Year | 2008 |
| Volume | 102 |
| Issue | 2 |
| Pages | 275-308 |
| Publication date | 2008-04-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/30034539 |
| OpenAlex | W2073319387 |
| Language | EN |
| Citations received | 21 |
| References cited | 51 |
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 involvement in terrorism. With the first two resolutions, the Security Council imposed general obligations on all states for an indefinite period; with the third, it set up a sanctions committee that has courtlike powers to identify and freeze the assets of individuals, groups, and corporations. Despite broad sympathy among the UN membership for collective counterterrorist action in the aftermath of the attacks of September 11, 2001, a degree of skepticism accompanied these initiatives from the start and grew with the diplomatic debacle surrounding the war in Iraq. Some critics asked whether an “imperial” Security Council had become an instrument for the imposition of “hegemonic international law.” The Council has moved to address these concerns, but they remain serious enough that the regimes established under Resolutions 1267, 1373, and 1540 are at risk of collapsing
Adjudication · Democracy · democratic deficit · Hegemony · International court · International law · Legislature · Political science · Politics · Public international law · Sanctions · Security council · Terrorism · Global Peace and Security Dynamics · International Arbitration and Investment Law · International Law and Human Rights · Law · Public Administration
Incredible Commitments
Globalisation and Governance
The Mood and Temper of the Public
Constructive ambiguity or stringent monitoring? Towards understanding UN Security Council oversight over non-UN-led forces
Participation in welfare legislation—A poverty‐aware paradigm
Surveillance Hegemony
Precedent and doctrine in organisational decision-making
A priori voting power distribution under contemporary Security Council reform proposals
Whataboutery at the United Nations Security Council
The UN Security Council, normative legitimacy and the challenge of specificity
Particularized protection
Questioning the Criminal Justice Imperative
Reading UN Security Council Resolutions through Valverde’s Chronotopes
State Bystander Responsibility
A Keen Observer of the International Rule of Law? International Law in China's Voting Behaviour and Argumentation in the United Nations Security Council
Attitudes toward Consent-Based and Non-Consent-Based International Law in a Regional Power Context
The Jus ad Bellum ’s Regulatory Form
The Decay of Consent
Due Process in the United Nations
Which post-Westphalia? International organizations between constitutionalism and authoritarianism
Can transparency strengthen the legitimacy of international institutions? Evidence from the UN Security Council
Fairness in international law and institutions
Legitimacy in International Society
Why Deliberative Democracy?
Four Toward a Deliberative Model of Democratic Legitimacy
Deliberation and Democratic Legitimacy
Moral consciousness and communicative action
The Power of Legitimacy Among Nations
Saving Strangers
Justice, Legitimacy, and Self-Determination
Deliberation and Democratic Legitimacy
Can international organizations be democratic? A skeptic's view
Democratic Theory and Global Society
The Market and the Forum
Approaches to World Order
The Emergence of Global Administrative Law
Democratic Theory and Global Society
Assessing the Effectiveness of the UN Security Council's Anti-terrorism Measures
US-UN Relations after Iraq
The Police in the Temple Order, Justice and the UN
Security Council Deliberations
The Police in the Temple Order, Justice and the UN
Security Council Resolution 1373 and the Constitution of the United Nations
The Legitimacy of Global Governance Institutions
Rules, Norms, and Decisions. On the Conditions of Practical and Legal Reasoning in International Relations and Domestic Affairs
International Law, World Order, and Critical Legal Studies
Why Deliberative Democracy
Swords into Plowshares
The Legitimacy of International Governance
New International Legal Process
Hegemonic International Law Revisited
Hegemonic International Law
The “Powers of Appreciation”
Security Council Resolution 1373, the Counter-Terrorism Committee, and the Fight Against Terrorism
The Security Council Starts Legislating
Judging the Security Council
Citizenship and Norms of Publicity
Coercion Through IOs
The United States Mission to the United Nations
Let's Argue
Legitimating the Use of Force in International Politics
Democratic Governance Beyond the Nation-State
Arguing, Bargaining and all that
Why Do Nations Obey International Law
International Regimes and Democratic Governance
Accountability and Abuses of Power in World Politics
Postmodernism and the Public Sphere
Reading Habermas in Anarchy
Between Facts and Norms
| Unique citing works | 21 |
|---|---|
| Citations per year | 1,31 |
| Citation span | 2010 - 2025 (16) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 21 |