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Administrative Justice in the UN

Procedural Protections, Gaps and Proposals for Reform

Niamh Kinchin

The UN’s capacity as an administrative decision-maker that affects the rights of individuals is a largely overlooked aspect of its role in international affairs. This book explores the potential for a model of administrative justice that might act as a benchmark to which global decision-makers could develop procedural standards. Applied to the UN’s internal justice, refugee status determination, NGO participation and the Security Council, the global administrative justice model is used to appraise the existing procedural protections within UN administrative decision-making.
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Chapter 6: The UN Security Council and targeted sanctions

Niamh Kinchin


The UN Security Council’s (UNSC’s) regime of targeted sanctions and the listing of individuals suspected of financing terrorism is one of the most politically charged and diplomatically sensitive areas for the UN. It is likely a reflection of the seriousness of the subject matter (i.e. terrorism) and its potential effect on international peace and security that very few provisions were initially made for procedural protections in listing processes. Administrative justice, it seems, took a back seat to security. Whilst procedural improvements have occurred slowly, the most pronounced being the introduction of the Ombudsperson for the 1267 Committee, significant issue around fairness and transparency remain. Although there is no doubt that targeted sanctions are a fraught and complex area, the rights that are affected relate to fundamental issues of ownership of property and freedom of movement, which means that ensuring administrative justice has never been more important.

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