Situating the accountability of the UN Security Council: Between liberal-legal and political 'styles' of global constitutionalism?

被引:4
作者
Murphy, Ben l. [1 ]
机构
[1] Univ Liverpool, Sch Law & Social Justice, Liverpool, England
关键词
accountability; global constitutionalism; liberal-legalism; political constitutionalism; UN Security Council; INTERNATIONAL-ORGANIZATIONS; RESPONSIBILITY; LAW;
D O I
10.1017/S2045381720000222
中图分类号
D81 [国际关系];
学科分类号
030207 ;
摘要
'Accountability' is the international legal term du jour. The concept is omnipresent in contemporary discussions about the UN Security Council in particular. From the lack of due process guarantees for individuals implicated in its counter-terrorism sanctions regime, to the (in)compatibility of Council authorized uses of force with international human rights and humanitarian law, no aspect of the Council's recent practice has been immune from an accountability critique. Driven by the context in which it has emerged, the turn to accountability is seemingly prompted by a felt desire among international lawyers to constrain the arbitrary use of the Council's considerable powers. However, beyond this felt desire, the concept lacks a robust theoretical foregrounding, both on its own terms and in relation to existential developments in international law. In an attempt to remedy this, this article situates the turn to accountability as a product of the broader turn to 'constitutionalist' thinking in international law. Specifically, it suggests that mainstream approaches resonate with a particular 'liberal-legalist style' of global constitutionalism. From both an etymological and epistemological perspective, however, I argue that this prevailing style offers an incomplete sense of accountability. The article introduces the dichotomy of 'liberal-legal' and more overtly 'political' styles of global constitutionalism as a heuristic device in order to offer a broader conception of accountability in the Security Council context. Political constitutionalism, I believe, offers important insights that will allow us to perceive and critique the Security Council in new ways.
引用
收藏
页码:465 / 499
页数:35
相关论文
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