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The War On Terror And The Framework Of International Law

Author: Helen Duffy
Publisher: Cambridge University Press
ISBN: 1316194248
Size: 74.16 MB
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Helen Duffy's analysis of international law and practice in relation to terrorism and counter-terrorism provides a framework for analysing the lawfulness of the many legislative, policy and judicial developments which have proliferated since 9/11. Among the many specific issues she addresses are targeted killings and the death of Osama bin Laden, detentions (including Guantanamo Bay), sanctions regimes, surveillance, extraordinary renditions, the prohibition on 'association' or 'support' for terrorism and the evolving preventive role of criminal law. She also considers the unfolding responses to political and judicial wrongs committed in the war on terror, such as the impact of the courts on human rights protection. While exploring areas of controversy, uncertainty and flux, she questions post-9/11 allegations of gaping holes, inadequacies or transformation in the international legal order and concludes by highlighting characteristics of the 'war on terror' and questioning its longer term implications.

Regulatory Counter Terrorism

Author: Nathanael Tilahun Ali
Publisher: Routledge
ISBN: 1351063847
Size: 70.41 MB
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Regulatory Counter-Terrorism explores an emerging terrain in which the global governance of terrorism is expanding. This terrain is that of proactive regulatory governance – the management of the day-to-day activities of individuals and entities in order to pre-emptively minimize vulnerability to terrorism. Overshadowed by the more publicized dimensions of military and criminal justice responses to terrorism, regulatory counter-terrorism has grown in size and impact without stirring up as much academic debate. Through a critical assessment of international regulatory counter-terrorism in three areas – financial services, the control of arms and dangerous materials, and the cross-border movement of persons and goods – this volume identifies a dynamic trend. This is the refashioning of international rule making into a flexible and experimental exercise. This volume shows how this transformation is affecting societies across the world in new ways and in the process unravelling settled understandings of international law. Furthermore, through an in-depth analysis of the working processes of UN counter-terrorism bodies and the Financial Action Task Force, this book illustrates that the monitoring of the global counter-terrorism regime is, contrary to accepted understanding, in the main collaborative and managerial, and coercive only peripherally. Dynamic rule making and soft monitoring complement each other, but this is a reason for concern: the softening of international monitoring encourages regulatory adventurism by states in tackling terrorism, while the element of self-correction in dynamic rule making helps silence the calls for institutionalized mechanisms of accountability. This volume will be of great interest to students and scholars of counter-terrorism, security studies, global governance, and international law.

Global Anti Terrorism Law And Policy

Author: Victor V. Ramraj
Publisher: Cambridge University Press
ISBN: 1107014670
Size: 78.29 MB
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This international work provides information on and analysis of anti-terrorism law and policy by top experts in the field.

Non State Actors In International Law

Author: Math Noortmann
Publisher: Bloomsbury Publishing
ISBN: 150990185X
Size: 33.82 MB
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The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors' position in international law ? neo-positivism, the policy-oriented approach and transnational law ? are covered at the beginning of the book, and the essential political science perspectives ? on non-state actors' role in international politics and globalisation, as well as their soft power ? are presented at the end.

Armed Attack And Article 51 Of The Un Charter

Author: Tom Ruys
Publisher: Cambridge University Press
ISBN: 113949483X
Size: 19.75 MB
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This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'.

The International Criminal Court In Search Of Its Purpose And Identity

Author: Triestino Mariniello
Publisher: Routledge
ISBN: 1317703081
Size: 38.96 MB
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The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC’s practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.

Sovereignty Over Natural Resources

Author: Nico Schrijver
Publisher: Cambridge University Press
ISBN: 9780521047449
Size: 66.97 MB
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In modern international law, permanent sovereignty over natural resources has come to entail duties as well as rights. This study analyses the evolution of permanent sovereignty from a political claim to a principle of international law, and examines its significance for a number of controversial issues such as people's rights, nationalization and environmental conservation. Although political discussion has long focused on the rights arising from permanent sovereignty, Dr Schrijver argues that this has been at the expense of the consideration of the corollary obligations it also entails. His book thus identifies directions sovereignty over natural resources has taken in an increasingly interdependent world and demonstrates its relevance to debate on foreign-investment regulation, the environment and sustainable development.

The Thin Justice Of International Law

Author: Steven R. Ratner
Publisher: OUP Oxford
ISBN: 0191009113
Size: 57.87 MB
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In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

Research Handbook On International Law And Terrorism

Author: Ben Saul
Publisher: Edward Elgar Publishing
ISBN: 0857938819
Size: 46.27 MB
Format: PDF, Docs
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This Handbook brings together leading scholars and practitioners to examine the prolific body of international laws governing terrorism. It exhaustively covers the global response to terrorism in transnational criminal law, the international law on the