Terrorism And International Law Accountability Remedies And Reform
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Author | : Elizabeth Stubbins Bates |
Publisher | : OUP Oxford |
Total Pages | : 0 |
Release | : 2011-02-03 |
Genre | : Law |
ISBN | : 9780199589180 |
Since the events of 9/11 the threat of terrorism has remained. The International Bar Association's Task Force of world famous jurists provides a global overview of counter-terrorism, analysing recent developments, considering case law and examples of state practice throughout the world, and making recommendations to the international community.
Author | : Elizabeth Stubbins Bates |
Publisher | : |
Total Pages | : 268 |
Release | : 2011 |
Genre | : Terrorism |
ISBN | : 9780191807275 |
Author | : Ana María Salinas de Frías |
Publisher | : Oxford University Press |
Total Pages | : 1229 |
Release | : 2012-01-19 |
Genre | : Law |
ISBN | : 019960892X |
Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.
Author | : Katja L.H. Samuel |
Publisher | : Routledge |
Total Pages | : 638 |
Release | : 2017-03-02 |
Genre | : Law |
ISBN | : 1351948164 |
The articles and essays in this volume consider the problem of international terrorism from an international legal perspective. The articles address a range of issues starting with the dilemma of how to reach agreement on what constitutes terrorism and how to encapsulate this in a legitimate definition. The essays move on to examine the varied responses to terrorism by states and international organisations. These responses range from the suppression conventions of the Cold War, which were directed at criminalising and punishing various manifestations of terrorism, to more coercive, executive-led responses. Finally, the articles consider the role of the Security Council in developing legal regimes to combat terrorism, for example by the use of targeted sanctions, or by general legislative measures. An evaluation of the contribution of the sum of these measures to the goals of peace and security as embodied in the UN Charter is central to this collection.
Author | : Ben Saul |
Publisher | : Edward Elgar Publishing |
Total Pages | : 833 |
Release | : 2014-06-27 |
Genre | : Law |
ISBN | : 0857938819 |
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
Author | : Kalliopi Chainoglou |
Publisher | : Aranzadi |
Total Pages | : 292 |
Release | : 2007-01-01 |
Genre | : Law |
ISBN | : 9788483553961 |
Contemporary terrorism is a product of globalization, a network which spreads across several countries, whose ambitions are geopolitical rather than simply national, which uses the media and is prepared to cause greater damage than the traditional forms of terrorism. The Members of the International Community must therefore ensure that all measures taken to combat terrorism are compatible with the obligations they have in virtue of International Law, and particularly the principles of human rights, rights of refugees, and International Humanitarian Law. However, it is not entirely clear whether International Law offers legitimate, valid and effective responses to terrorist threats. This new terrorism is upsetting some essential categories of International Law, particularly concerning the law of legitimate self-defense and demands a narrower cooperation between States in policy and judicial matters as well as new initiatives in other specific matters. This book tries to offer a realistic and practical analysis about how to update the international structures and institutions to this new social reality Eugenia López-Jacoiste Diaz is Professor of International Law. She has been a researcher at the Max Planck Institut für asuländisches und öffentliches Recht und Völkerrect, Heidelberg (Germany) and the Centre of Studies and Research of The Hague Academy of International Law, The Hague, (Netherlands). Her publications are, among others, Actualidad del Consejo de Seguridad de las Naciones Unidas (2003) and La política de seguridad y defensa en Europa (2006).
Author | : Pablo Antonio Fernández Sánchez |
Publisher | : BRILL |
Total Pages | : 529 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9004170537 |
Includes annex: The Huelva Declaration for an Alliance of Civilizations against Terrorism.
Author | : Vincent-Joël Proulx |
Publisher | : Bloomsbury Publishing |
Total Pages | : 378 |
Release | : 2012-11-05 |
Genre | : Law |
ISBN | : 1782250379 |
Every State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility. This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts. From the Foreword by Judge Bruno Simma, International Court of Justice "Even if one might disagree with the bases on which the author constructs his argument, the execution of the argument is solid and thorough. The coverage of the major policy arguments and the available legal source materials is equally impressive. Moreover, the author's positions are genuinely progressive and present a fairly innovative solution, in the form of a strict liability mechanism...It behoves all scholars and practitioners of international law with an interest in combating international terrorism to consider the proposals outlined in this book." Transnational Terrorism and State Accountability by Vincent-Joël Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists.
Author | : |
Publisher | : United Nations Publications |
Total Pages | : 136 |
Release | : 2010 |
Genre | : |
ISBN | : 9789211562828 |
Acknowledgements -- Introduction and legal context -- Key components of an effective criminal justice response to terrorism -- Criminal justice accountability and oversight mechanisms
Author | : Mary E Footer |
Publisher | : Bloomsbury Publishing |
Total Pages | : 445 |
Release | : 2016-06-16 |
Genre | : Law |
ISBN | : 1782255885 |
Of the many challenges that society faces today, possibly none is more acute than the security of ordinary citizens when faced with a variety of natural or man-made disasters arising from climate and geological catastrophes, including the depletion of natural resources, environmental degradation, food shortages, terrorism, breaches of personal security and human security, or even the global economic crisis. States continue to be faced with a range of security issues arising from contested territorial spaces, military and maritime security and security threats relating to energy, infrastructure and the delivery of essential services. The theme of the book encompasses issues of human, political, military, socio-economic, environmental and energy security and raises two main questions. To what extent can international law address the types of natural and man-made security risks and challenges that threaten our livelihood, or very existence, in the twenty-first century? Where does international law fall short in meeting the problems that arise in different situations of insecurity and how should such shortcomings be addressed?